Street Trading Consents

Applicants are strongly urged to complete online applications as the default position. Post is not being opened as frequently, therefore applications posted to us may not be received or considered promptly. Should you be making a representation to an application please email this to us. The licensing team can be contacted at licensing@spelthorne.gov.uk or 01784 444213 option 3.

What is Street Trading Consent?

Street Trading is offering for sale of any article in the street.

Street Trading consent is needed for trading on any public highway or highways land as well as any privately owned land where the public can enter without paying an entrance fee.

We operate a consent scheme for Street Trading. This means that you need to obtain a Street Trading Consent from the Licensing section of the Environmental Health Department before you can trade in a designated area in the Borough.

There are certain areas in the Borough where trading is prohibited.

If you intend to street trade in food, e.g. ice cream, burger van etc, then you need to contact us for further advice as you will also need to be registered with the Environmental Health food team.

Consents are issued subject to a set of standard conditions, generally for a period of one year and are not transferable. They are renewable at the expiry of the licence period, unless a licence holder ceases trading.

An application form stating the name and address of the applicant together with the details of the consent required must be completed and forwarded to the licensing section.

Completed forms should be accompanied by the appropriate fee.  The council will then consult with certain bodies such as the police, Surrey County Council, local traders and the relevant chamber of commerce and consider any representations before determining your application.

What to submit:

• A photograph of the vehicle to be used, showing rough dimensions.
• Completed Application form with details of your business
• Photographic Identity and proof of address. You will need to provide photographic ID such as a passport or photo-card driving licence for yourself and each person working for you
• Location plan
• Map
• A single passport sized photograph for yourself and each person working with you.
• For a food trader: confirmation from the local authority Environmental Health Department where the vehicle/trailer, etc. is normally kept, confirming that the business is registered with them under the EC Regulations 852/2004.
• Payment  - Pre consultation
  • Payment  - Final payment after pre-consultation
    
    Please note fees are non-refundable
    
    You may wish to consider during the representation period to obtain:
    • Basic criminal record check, paid for by the applicant. If there are any "unspent" convictions then the application will be referred to Surrey Police (please note this may delay the application). Applicants can request basic criminal record checks from www.gov.uk/guidance/basic-dbs-checks-guidance. Such a check must be no older than one month from the date of application.

Please note that the consultation period is 28 days when the application is deemed as valid by the Licensing department. 

Street Trader Pre-Consultation

When you apply you will be applying for a Pre-Consultation period. This will last for 28 days.

After 28 days of consultation your application will be reviewed in its entirety along with any representations. You will be contacted following this.  

Exclusions

The following types of trading are excluded from the definition of street trading and those traders are not required to obtain a licence or consent. They may also trade in a street designated as a prohibited street:-

• trading by a person acting as a pedlar
• anything done in a market or fair the right to hold which was acquired by virtue of a grant, enactment or order
• trading in a trunk road picnic area
• trading as a news vendor subject to a restriction upon articles sold and the type of stall used
• trading which is carried on at petrol filling stations or at premises used as a shop or in a street adjoining premises so used and as part of the business of the shop
• roundsmen
• the use for trading under the Highways Act 1980 of an object or structure placed on, in or over a highway (pavement cafés etc). The operation of facilities for recreation or refreshment under the Highways Act 1980
• street collection

Occasional Street Trader Licences

There are a number of community or special events that take place within Spelthorne that require a Street Trading Consent to be in place for the event. We propose to add the ability for the event organisers to apply for an Occasional Licence to cover these limited time events only without the need for an annual street trading consent.

Examples of community or special events are:

a)   Street Parties

b)   Festival and Sports Days

c)   Community Fun / Activity Days

d)   Charity Events

The Council may accept one street trading consent application from the person organising the event, rather than individual stallholders.  The event Street Trading Application will require full details of each trader attending the event.  The below will need to be submitted with your application.  Please note that most of this information is normally required for a Temporary Event Notice/Event, together with:

a)   A plan/map imagine showing all locations applying to trade in.  This must show sufficient detail to identity the location of the proposed site.

b)   A copy of valid public liability insurance of at least £5 million.

c)   If food traders are attending the event(s) confirmation of the food business name, the local authority they are registered with, and their food hygiene rating (minimum FSA food hygiene rating score of level 3 or above is required)

d)   An event management plan(s) detailing how the event will be run safely and without causing nuisance to the area.

e)   Confirmation that if trading from privately owned land that the landowner has given you permission to have the event there.

Street Trading Consents will include standard conditions in all cases - to promote public safety and to avoid obstructions, nuisance, and annoyance.  Other conditions may be attached, and these will be relevant.

The grant of a street trading licence does not mitigate the need to additionally apply for a Temporary Event Notices or a Premises Licence. 

The application will be consulted with the relevant consultees from our street trading policy and normally consult for 14 days.