Street Trading

Information about Street Trading and how to apply for a licence

Street trading is defined as the selling, exposing, or offering for sale of any article in the street. This includes food such as burgers, kebabs, doughnuts or other things such as household items and is covered by the Local Government (Miscellaneous Provisions) Act 1982. This means that any person who wishes to sell items from a trailer or stall in a specific street/location may require a street trading consent or licence from the council.

A 'street' includes any road, footpath or other area to which the public have access without payment.

Types of Street Trading

All streets in the Fenland area are designated as a consent street where trading is prohibited without the council's consent.

The purple area in the map below shows the Fenland District Council area. If you are unable to view the information on the map, please email licensing@fenland.gov.uk and an alternative explanation will be given.

Exemptions

There are several exemptions in the Local Government (Miscellaneous Provisions) Act 1982, Schedule 4. These are:

trading as a pedlar
markets or fairs established by charter or other legislation
trunk road picnic areas provided under section 112 of the Highways Act 1980
trading as a news vendor (for example, The Big Issue)
trading as either a petrol station or as an area in a street adjoining a shop and used as part of the shop
selling, offering, or exposing things as a roundsman, for example a milkman
use for trading under Highways Act 1980 of an object or structure placed on or over highways - street cafes
operation of facilities under the Highways Act for refreshment or recreation
doing of anything authorised by regulations made under Police Factories Act 1916 (street collections).

What we consider with Street Trading applications

We consider a number of factors when we receive an application for street trading. These include:

where there might be a risk to public safety because of causing an obstruction or unhygienic conditions
where there might be a risk to public order
where there might be a risk of public nuisance or annoyance because of noise, odour, litter or similar
whether planning permission is needed or has been given
the appearance of the stall, vehicle or unit
any relevant registrations for food businesses

We also consider the location of street trading and prevent the use of locations in close proximity to:

a place of worship
a place of education
a place of healthcare
a place of cultural or historical significance
residential properties
businesses offering the same goods or services

We will also consider whether street trading may undermine the safety and convenience of the public or road users.

How to apply for Street Trading consent

Street Trading consent cannot be issued to anyone under the age of 17.

If your trading requires consent from the council, you will need to submit an application to us and provide supporting documentation. This includes:

Your completed Street Trading Application Form
A photograph of the front/sides/rear of vehicle/stall
A plan illustrating the exact area proposed with a red line to identify the site boundary
Documents to establish your identity
Evidence of having registered as a food business
A Gas safety certificate
A copy of your public liability insurance for a minimum of £5,000,000
The application fee

If you are planning to use a motorised catering unit, you will also need to provide:

Your Vehicle registration certificate
Proof of MOT
Proof of vehicle insurance - specifically business use
Driving licence for all prospective drivers

An application will be subject to a 28-day consultation. We will consult with the police, environmental health, planning, district councillors, Town/Parish councils, and highways at Cambridgeshire County Council. We may also consult with nearby residents or businesses.

We will not start the consultation period until an application, all supporting documents and a fee are received.

Fees

The fees depend on the type of application you are making. If you are making a new application, you will need to initially pay a £50 non-refundable initial consultation fee. (This is not required however if the location has been previously consented).

For Daily Street Trading Consent, the fee is £12.00 per day (06:00 - 22:00). This is for all weekdays including bank holidays.

For Annual Street Trading Consent, the fee is £542.50 per year. This is for all days of the year including all bank holidays.

Conditions attached to a Street Trading Consent

When issuing a consent, all standard conditions will apply. The council may apply such conditions as it considers reasonably necessary.

Conditions will obviously vary according to the circumstances of each case.