Street trading means the selling, exposing or offering for sale any article in a street. The term 'street' includes any road, footway or other area to which the public have access without payment (this can include private land). Trading is not allowed under any circumstances on a Prohibited Street. Trading is only allowed on Consent streets with the written permission of the Council.
Trading without consent or on a prohibited street is against the law and offenders may be prosecuted through the magistrates' court.
To apply for Consent, please use this application form here (32KB) .
From Wednesday, October 1, 2008, all streets in High Peak Borough will be either Prohibited streets or Consent streets, under the Local Government (Miscellaneous Provisions) Act 1982. To trade on a Consent street, you must obtain that Consent from the Council beforehand. The Council aims to:
Each Street Trading Consent has a number of conditions attached. The standard ones can be added to by the Council. The standard conditions are:
Street Trading Consent not apply to activities such as placing goods for sale on the street, or street cafés operating from a fixed premises. This is dealt with under separate legislation. Please contact Derbyshire County Council Environmental Services for further Information on 08456 058 058. In addition to some minor exemptions, there are a number of specific activities, which are exempt from the law on Street Trading and these are:
The Council will consider each individual application on its merits and will normally grant a street trading consent unless, in its opinion:
In addition to these, the Council will consider:
Any offences that the consent holder has been convicted for detailed above during the last or current Consent period, failure to comply with the conditions of a Consent or other practices, which the Council considers inappropriate.
The council has set out maximum time periods for applications to be dealt with. These are set out below:
| Function | Time (maximum) |
|---|---|
| Sending renewal application forms to Existing annual consent holders | End of January annually, or 2 months before one off event renewal |
| Acknowledging receipt of Applications received | 3 Working Days |
| Referral to Licensing Panel hearing (if necessary and includes consultation with relevant bodies) | 28 days plus 7 days for reports to be forwarded to Licensing Panel |
| Delegated authority decision (includes consultation with relevant persons) | 28 days |
| Notification to applicant following decision andProduction and sending of Consent on receipt of consent fee or agreed part of consent fee | 3 working days |
The cost of a Street Trading Consent may change from year to year, and it depends on what you intend to sell, where you intend to trade and what portion of the year you wish to trade. The current fees and charges are here:
| Consent Type, location, duration | Fee (£) in 2009-2010 |
|---|---|
| Annual: on or adjacent to a road with a speed limit of less than 40 mph | 3,100 |
| Annual: Hot food on or adjacent to a road with a speed limit of less than 40 mph | 5,000 |
| Annual: for locations adjacent to roads with a speed limit of 40 mph or greater | 1,900 |
| Annual: for weekends (Saturday and Sunday) and Bank Holiday Mondays for locations adjacent to roads with a speed limit of 40 mph or greater | 1,000 |
| Annual: for ice cream traders and similar activity trader, who do not stop in one street for more than 40 minutes (not on or adjacent to roads with speed limits of 40 mph or greater) | 500 |
| Daily: for no more than 7 days and no return within 3 months of expiry | 15 |
| 30 days: for a specific location (no return within 180 days of expiry) | 600 |
| Annual: Children’s rides in Buxton Town Centre | 1,600 |
| All consents for charitable purposes (consent must still be obtained, and collections must be licensed under separate legislation) | Free |
| A half price reduction in the fee is available for consents beginning on or after 1 October in the financial year | |
Payment in full when you apply, or agreed part payment with the application, must be received by the Council with the Application. Part payment will only be accepted upon agreement to enter into an instalment arrangement, where an invoice for the remaining fee will be sent out to you. This option attracts and additional £30 administration fee, which will be added to the final bill.
A person found guilty an offence, listed below, shall be liable to a fine not exceeding £1,000.
The Environmental Health Service administers the Street Trading Consent system, and can be contacted for more detailed advice on Street Trading or Food and Safety issues. A simple to use Food Hygiene and Safety guide for mobile catering is available here (121KB) .
You may need additional permissions from the land owner, for example Derbyshire County Council, to occupy a piece of land or location. Although you may find this out during the consultation process, we do not ask them for permission for you - so before you apply, you should make sure that you have their permission to stop on the land in question before applying for consent. They may also reclaim the land in question at any time and High Peak Borough Council is under no obligation to refund your consent fee or to pay any compensation for loss of trade because your consent site may be unavailable.
Street Trading consents are granted for the activity of trading and will specify a location or area. They will also contain some areas where the consent does not apply to. It is also your responsibility to ensure you comply with any traffic or parking restrictions applicable to the streets where you apply for consent to trade on.
in partnership with other Councils in Derbyshire.