street trading policy - Darlington Borough Council

street trading policy - Darlington Borough Council
STREET TRADING POLICY
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 – PART III
Approved by Council on 29 January 2015
Consent Street Trading Policy Revised 2014
Contents
Page
Section
1
Introduction
1
2
Criteria
2
3
Definitions
4
4
Legal Situation
5
5
Private Land
7
6
Advertising
7
7
Appearance
7
8
Food
8
9
Suitability
8
10
Insurance
8
11
Application Requirements and Process
9
12
Types of Permissible Consents
Town Centre - Day
9
Town Centre – Night
10
Mobile/Out of Town
10
Special Event
10
Limited Period
10
13
Consultation
11
14
Fees
11
15
Contacts
12
16
Pool of Conditions
Standard
13
Generators
14
Town Centre
14
Motor Vehicles
14
Food Related
14
Mobile Traders
14
Special Event
15
Large Marquees
15
Limited Period
16
Appendix 1
Prohibited Streets
17
Appendix 2
Code Of Practice (Ice-Cream Chimes)
19
Annex 1
Summary of Code of Practice
23
Consent Street Trading Policy Revised 2014
1.
GENERAL
Introduction
1.1
Darlington Borough Council has adopted the provisions of the Local Government
(Miscellaneous Provisions) Act 1982 in relation to street trading within the borough of
Darlington. The ability to regulate street trading is set out in Schedule 4 of the Local
Government (Miscellaneous Provisions) Act 1982, referred to in this policy as “the
1982 Act”.
1.2
Street Trading can aid the local economy and add to the facilities offered to people
who visit, live, and work in Darlington. The Council therefore supports and
encourages the provision of street trading in the borough providing that it is located
where it can make a positive contribution to add interest, vibrancy and diversity to the
area and does not give rise to problems associated with crime and disorder. It is
however important to ensure that the highway is not obstructed or that trading is not
permitted where there is a high flow of fast moving traffic or where it creates a hazard
for pedestrians(especially for blind, partially sighted and other disabled people).
1.3
The policies detailed in this statement have been adopted by the Council of the
Borough of Darlington (the Licensing Authority) as a guide to applicants on the general
matters, which the Council will take, into account when discharging its duties and
responsibilities under the provisions of the Local Government (Miscellaneous
Provisions) Act 1982.
1.4
The purpose of this policy is to
•
•
provide a decision making framework for applications for street trading consents
to create a street trading environment which is sensitive to the needs of the public
including residents,
to provide diversity and consumer choice, and
to enhance the character, ambience and safety of the town centre area.
•
•
1.5
The Council has designated all of the borough’s streets as consent streets except
those designated prohibited streets (i.e. places where street trading cannot take
place). A list of all prohibited streets attached at Appendix 1.
1.6
When considering an application for a street trading consent, the Council will decide
each case on its own merits. The following matters will be taken into account:•
•
•
•
•
Public Nuisance
Crime and Disorder
Road Safety
Health and Safety
Any history of complaints etc
1.7
If a street trading consent is granted, conditions may be applied to ensure that these
factors continue to be addressed by Consent Holders and that any trading activity
does not result in the pollution of land, or the highway.
1.8
Consent Street Trading is separate from the authorised Market which is held in
Darlington Town Centre every Monday and Saturday. There are also authorised
Speciality Markets which are held throughout the year and again these are separate
from Consent Street Trading.
Consent Street Trading Policy 2014
Page 1
1.9 Consent holders wishing to trade on the market or at a speciality market will need
permission from the Markets Office which is based in the Old Town Hall in
Horsemarket. Contact details for the Markets Office are provided on Page 12 of this
Policy.
1.10 A street trading consent will not normally be granted where:
•
•
•
•
•
•
•
•
•
2
There would be a significant effect on road safety either from the siting of the
consent or from customers visiting or leaving the area, and/or
There would be a significant loss of amenity caused by traffic, noise, rubbish,
potential for the harbourage of vermin, odour or fumes, and/or
There is a conflict with Traffic Orders such as waiting restrictions, or
The vehicle, trailer or stall or cart to be used obstructs either pedestrian or
vehicular access, or traffic flows, or places pedestrians in danger when in use,
and/or
The site does not allow the consent holder, staff and customers to park in a safe
manner, and/or
The trading activity is carried out after dusk and the site is not adequately lit to
allow safe access and egress from the site for both customers and staff, and/or
The Council is not satisfied that applicants have made satisfactory arrangements
for the storage and collection of all refuse associated with their business, and/or
The proposed activity presents a risk to public order. This is likely to be more of an
issue in respect of applicants wishing to trade at later hours.
The proposed goods to be sold are deemed to be of an inappropriate nature
and/or deemed to present a risk to the health and/or safety of members of the
general public.
CRITERIA
2.1 Nothing in a consent shall grant or be deemed to grant to the holder any other licence
or permission required under any legal requirement. The holder is specifically advised
to obtain any such other approval as may be required.
2.2 The consent is personal to the consent holder and shall not be construed as creating a
tenancy or lease. The consent holder shall at no time have the exclusive right to trade
from the street or any part of it.
2.3 The rights and benefits contained in the consent are limited to the person named on
the consent and may not be re-assigned, sold or otherwise transferred without the
written approval of the Licensing Authority.
2.4 The subletting of any consent is prohibited
2.5 No trade or retail sale may be conducted in any street other than in the area
mentioned in the consent and on days and hours detailed in the consent.
2.6 The consent holder shall not trade or offer for sale any item or goods unless it is
permitted by the consent. 1
2.7 The consent holder shall be responsible for ensuring compliance with all legislation
that may apply to the trading activity.
1
Where the consent gives permission for the sale of hot or cold food and/or beverages there no requirement to
specify individual items. Where a consent permits the sale of eg jewellery, trading in goods other than jewellery
shall not be permitted.
Consent Street Trading Policy 2014
Page 2
2.8 The consent holder shall be responsible at all times for control of their unit.
2.9 A consent does not convey or confer any rights of access or egress to footpaths,
verges, or other areas of land, whether or not cultivated, forming part of or adjacent to
a public highway. Local road traffic regulations/orders must be observed at all times.
2.10 The consent holder or their employee(s) shall comply with any reasonable request by
an authorised officer or police officer to move to an alternative location within the
consent street.
2.11 No animal shall be present on any stall, vehicle van or cart.
2.12 A copy of the consent shall be made immediately available upon request to an
authorised officer of the Council or the Police.
2.13 The consent holder may terminate the consent by giving written notice to the Council
at any time. The Council has the right to terminate a consent at any time.
2.14 Auction sales shall not be permitted as part of the consent.
2.15 If a consent holder fails to use the consent for 3 months or more the consent will be
deemed to have been surrendered.
2.16 Consent holders have a duty of care in relation to their street trading sites and
adjacent areas and must not damage in any way, either wilfully or by negligence, any
part of the consent street including paved areas, signs, fencing etc.
2.17 Neither the consent holder nor any assistant shall advertise or display, sell or wear any
article or merchandise which is offensive or which would be deemed an offence under
any other legislation.
2.18 No process or operation shall be carried on which would give rise to nuisance such as
noise, smoke, smell, lights or vibration.
2.19 The consent holder shall take adequate precautions to prevent the risk of an outbreak
of fire at his/her stall or vehicle.
2.20 All street trading units shall be equipped with safe and adequate lighting for operation
during the hours of darkness.
2.21 The consent holder shall, on all occasions when carrying on business, be strictly
sober, and conduct him/herself in a proper, civil and courteous manner. He/she shall
not carry on his/her business in such a way as to cause annoyance to the occupier or
person in charge of any shop or business, to any resident, or person using the street.
Consent Street Trading Policy 2014
Page 3
3
DEFINITIONS
In this Policy, the following phrases shall mean:
Street:
The definition of a street includes any road, footway or other
area to which the public have access without payment (such
as public parks and gardens or supermarket car parks - this
includes potential access, that is the right to access, rather
than just actual use.). "
Consent Street:
A street in which street trading is prohibited without the
consent of Darlington Borough Council. It is illegal to trade in a
consent street without first obtaining permission from the
Council.
Prohibited Street:
A street in which any trading is prohibited – For example the
street may not be wide enough to facilitate a consent holder or
the council may wish to restrict trading at a particular location
Street Trading:
The selling or offering for sale of any article in the street. This
includes any type of food, household goods, flowers and
vegetables
Market Day:
Usually Mondays and Saturdays
Speciality Market:
Examples include Love Your Local Market, The Food Festival,
Summer Markets, Christmas Markets and Christingle Markets,
Darlington People’s Market.
Consent Holder:
The person(s) to whom consent has been granted or renewed
and includes any persons employed or assisting the principal
consent holder.
News vendor:
Seller of newspapers or periodicals
Roundsman:
Someone who follows the round of his customers taking orders
and delivering earlier orders. – eg a milkman
Pedlar:
A pedestrian who goes to his customers rather than allowing
them to come to him and trades as he travels rather than
travels to trade. If he sets up a stall or barrow and waits for
people to approach him rather than approaching them then he
is a street consent holder and not a pedlar.
Consent Street Trading Policy 2014
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4
LEGAL SITUATION
4.1
A person will not require a street trading licence or consent for:
•
•
•
•
•
•
•
•
•
•
Anything done in a market or fair, the right to hold which was acquired by virtue of a
grant (including a presumed grant) or acquired or established by virtue of an
enactment or order.
Trading in a trunk road picnic area as defined in s112 of the Highways Act 1980.
Trading as a news vendor (newspapers and periodicals) which are sold or offered for
sale without a stall or receptacle for them or with a stall that does not exceed 1 metre
in length or width or 2 meters in height or occupy a ground area exceeding 0.25
square meters or stand on the carriageway of a street.
Trading which is carried on at premises used as a petrol filling station; or
Trading which is carried on at premises used as a shop or in a street adjoining
premises so used and as part of the business of the shop. 2
Selling things as a roundsman (e.g. a milkman).
The use for trading under Part VIIA of the Highways Act 1980 of an object or
structure placed on, in or over a highway;(eg Pavement Café Licence)
The operation of facilities for recreation or refreshment under Part VIIA of the
Highways Act 1980;
The doing of anything authorised by regulations made under section 5 of the Police,
Factories, etc. (Miscellaneous Provisions) Act 1916. (Street Collection)
Trading by a person acting as a pedlar under the authority of Pedlars Certificate
granted under the Pedlars Act 1871.
Further advice as what does or does not constitute street trading can be obtained by
contacting the Licensing Section – details of which can be found at Page 12 of this
Policy. Alternatively, applicants may wish to consult with a solicitor prior to making an
application.
4.2 Consents are granted or renewed for such a period of time as the Council may specify.
The period of consent granted will take into account the need to avoid unduly restricting
other applicants who may wish to trade from a nearby site. Each application will be
decided upon its own merits
4.3 When granting or renewing a street trading consent, the Council may attach such
conditions to it, as it considers reasonably necessary.
4.4 The Council is under no duty to grant a street trading consent and need not specify
statutory grounds for refusal.
4.5 The Council may suspend a street trading consent for
•
•
•
non-payment of fees or
because other agencies such as highways authority require access to the trading
location or
there are Council authorised events taking place at or in the vicinity of the authorised
consent.
2
. The exclusion from control of street trading granted to sales outside shops is limited to the business of the shop.
For example:- a fruit shop may legitimately sell fruit from the front of the shop premises, whereas if a chemist sold
fruit outside the front of the premises, a street trading consent would be required. Where any shop proposes to sell
goods from outside the premises clarification should always be sought as to any other legal requirements that may
apply.
Consent Street Trading Policy 2014
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4.6
4.7
The Council may from time to time vary the conditions of a street trading consent. Any
such variations will be notified in writing to the named person on the application form for
the consent and will take effect immediately or on the date of the notification letter.
The Council may revoke a street trading consent after it has been granted. This may be
for a variety of reasons such as repeated non-compliance with conditions, non-payment
of fees or non-compliance with legislation. The Council will not revoke a licence without
offering the consent holder the opportunity to be heard by the Council’s Licensing
Committee.
4.8 There is no statutory limitation on the Council’s power to revoke or refuse to renew a
street trading consent other than by way of a judicial review.
4.9 The holder of a street trading consent may at any time surrender his consent to the
Licensing Authority and it shall then cease to be valid.
4.10 Where a consent is surrendered or revoked, the Licensing Authority shall remit the whole
or part of any fee paid for the consent.
4.11 Any consent holder street trading selling hot food and/or hot drinks between the hours of
23:00 and 05:00 hours will also require a separate licence under the Licensing Act 2003.
The application will be considered separately and obtaining one does not imply that the
other will be granted.
4.12 The Council may specify that the holder of the consent may trade
•
•
•
•
•
Only at a location or locations as may be specified in the consent, and/or
Only at a specified time or times as may be detailed in the consent, and/or
Only in accordance with a restriction of the sounding or chimes, calls or other
means of attracting customers.
From a stationary van, cart, barrow or other vehicle, or from a portable stall,
Only selling specified types of goods
4.13
A street trading consent holder may only be prosecuted for a breach of a condition
where he trades from a stationary van, cart, barrow, vehicle or from a portable stall in a
place, or at a time not included in the consent, or for breach of a condition relating to the
positions and times in which he may trade but not for a breach of a condition relating to
the type of article to be sold.
4.14
A person guilty of an offence shall be liable on summary conviction to a fine not
exceeding level 3 on the standard scale.
4.16
Persons granted a consent to trade are advised to ensure that they are fully aware of all
legislative requirements.
Consent Street Trading Policy 2014
Page 6
4.17 Persons making an application may also need to be aware and ensure compliance with
of the following legislation (and any subsequent revisions):
•
•
•
•
•
•
•
•
•
•
Environmental Protection Act 1990
The Human Rights Act 1998
Food Premises (Registration) Regulations 1991
Regulation (EC) 178/2002
Regulation (EC) 852/2004
Food Safety Act 1990
Food Hygiene (England) Regulations 2006 (as amended)
The Food Safety (Temperature Control) Regulations 1995
Health and Safety at Work etc. Act 1974 and any regulations made under this Act.
The Licensing Act 2003
Please note: This list is not exhaustive and there may be other relevant legislation.
5
PRIVATE LAND
5.1 Trading from private land to which the public have access without payment is classed as
street trading and requires a consent to trade. 3
5.2 If a consent holder wishes to trade from private land, then, he/she will also require written
permission pertaining to the use the land for the proposed trading from the landowner.
This will be required to be submitted with any application for grant or renewal. In
addition, planning permission may also be required and clarification should be sought
from the Planning Development Management prior to any application being submitted.
6
ADVERTISING
6.1 Consent holders wishing to advertise on or from their stall unit shall, prior to any
advertisements being displayed, seek written permission from the licensing unit.
6.2 Advertising of alcoholic or smoking products or their manufacturers or any advertisement
which is deemed to give offence will not be permitted on any part of the trailer, stall or
vehicle.
6.3 The use of advertising “A” boards in the Town Centre is prohibited
7
APPEARANCE
7.1
Persons wishing to apply for a consent to trade should seek advice from the Council as
to their choice of vehicle, trailer or stall prior to purchase or submission of an application.
See contact details at Page 12 of this Policy.
3
In an appeal to the High Court in 2009, the definition of “street” was considered The Court directed that it was necessary to keep in mind the
purpose of the 1982 Act which is to regulate sellers who operated without premises and itinerant consent Holders and to ensure they are
complying with the consumer protection legislation. (West Berkshire District Council v Paine 2009)
The court confirmed that local authorities are concerned not only with consumer protection but also with the suitability of those who are Street
Consent Holders, what they sell and also any nuisance and inconvenience or obstruction that they may occasion to those using the streets in
question.
The court also held that the definition of a street include any public place (whether private land or not) to which the public have access to
without payment.
Consent Street Trading Policy 2014
Page 7
7.2
The vehicle, trailer or stall to be used for the consent must be of a high quality design and
build and add to the quality of the street scene.
7.3
An authorised officer of the Council will inspect the unit prior to any consent being issued.
7.4
The unit shall comply in all respects with any legal requirement relating to the trading
activity proposed
8.
FOOD
8.1 Food businesses are required by law to be registered with the Council
8.2
Food business registration is an entirely separate consideration to granting a street
trading consent. Traders wishing to sell food should contact the Environmental Health
section prior to, or in addition to any application made for street trading consent. Please
see Contacts section on Page 12 of this policy.
8.3 The consent holder will be responsible for the cleanliness of the area immediately
surrounding the trailer or stall at all times.
8.4 The consent holder shall ensure that any litter or food waste from the business is
removed at regular intervals throughout trading hours and at the end of each trading day.
9
SUITABILITY
9.1 When determining an application for the grant or renewal of a street trading consent the
Council will consider all relevant information relating to the suitability of the applicant to
hold such a permission including:
a) whether the applicant has any unspent convictions
b) refusal or neglect in paying fees due to the council for a street trading consent or for
any other charges due for services rendered by the Council to the applicant in his
capacity as the holder of a street trading consent
c) previous failures of the applicant, without reasonable excuse, to make use, to a
reasonable extent, of a previous street trading consent.
9.2 The Council may ask for a basic Disclosure and Barring Service (DBS) disclosure to be
submitted with each application. The DBS disclosure must not be older than one month
at the time of its submission. Any unspent convictions or proven criminal behaviour will
be taken into account in assessing the suitability of the applicant.
10
INSURANCE
The consent holder shall provide insurance in the sum of £5,000,000 to insure against
third party liability claims and to indemnify the Council against all claims, liabilities,
actions, demands and expenses arising in respect of the grant or renewal of this consent.
The consent holder shall provide on demand for inspection by the Council the insurance
certificate and evidence of full payment of the premium.
Consent Street Trading Policy 2014
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11
APPLICATION REQUIREMENTS AND PROCESS
Each application for grant and/or renewal will be accompanied by:
i) A completed application form; and
ii) A certificate of Public Liability Insurance of at least £5 million. This must indemnify the
Highway Authority against all claims for injury, damage or loss to users of the public
highway, arising from the use of the highway for the permitted purpose, and
iii) Details of any external lighting and heating equipment; and
iv) Details of operating hours and days, and
v) A site plan and/or map which identifies the exact location of the trailer, and
vi) Photographs of the trailer or stall to be used, and
vii) 2 Passport size photographs of the applicant and any assistants to be employed
Applications shall be sent to
Licensing, Darlington Borough Council, Town Hall, Feethams, Darlington DL1 5QT
12. PERMISSIBLE CONSENTS
a) Town Centre (Stationary)
Consents are subject to suspension in the event of speciality markets etc. If a
consent holder wishes to trade at the market, permission will be required from the
Markets Office.
There shall be a maximum number of 11 town centre locations permitted
Day Time Sites
Site
Street
Position
1
2, 3 & 4
5&6
7
8
9
10
11
Northgate
Prospect Place
High Row
Cornmill Entrance/Clarks Shoes
Three sites between Queen Street and Pease’s Statue
Peases Statue – two sites at the corner of Priestgate and Northgate
Post House Wynd Entrance (10.30 am - 4.00 pm)
Clarks Yard Entrance (10.30 am - 4.00 pm)
Friends Meeting House (10.30 am - 4.00 pm)
Milletts outdoor clothing shop (excluding market days)
Mayor’s Charity Shop
Skinnergate
Skinnergate
Skinnergate
East Row
Duke Street
No motor vehicles shall be permitted in the designated areas 4 between the hours of 09:45 hours
and 17:15 hours daily.
All non-motorised trailers shall be in their respective trading position by 09:45 hours and shall
remain in position until 17:15 hours daily.
i)
Consents are subject to suspension in the event of speciality markets etc. If a consent
holder wishes to trade at that market, permission will be required from the Markets Office.
ii)
4
Due to its width and footfall, only small stalls or units will be permitted to trade on High Row
and Skinnergate. Applicants will be required to specify the exact location required on
these streets. Each case will be judged upon its own merits.
West Row and Pease Statue – no motor vehicles at any time
Blackwellgate, High Row, Posthouse Wynd, Prospect Place and Northgate – no vehicles between 10:00 hours
and 17:00 hours.
Skinnergate and Duke Street – No access between 10:00 hours and 17:00 hours
Consent Street Trading Policy 2014
Page 9
b)
Night Time Sites (Stationary)
There shall be a maximum of four town centre locations for night time trading as
detailed below:
Site
Street
Position
A
B
C
D
Blackwellgate
Commercial Street
East Row
Skinnergate
pavement between Houndgate/Blackwellgate
Hammerhead (temporary until new development commences)
Outside Milletts outdoor clothing shop
Post House Wynd entrance
i)
ii)
iii)
iv)
c)
No motor vehicles shall be permitted in the designated areas5 until 18:00 hours and
shall be removed at the end of the trading period.
Consents are subject to suspension in the event of speciality markets etc. If a
consent holder wishes to trade at that market, permission will be required from the
Markets Office.
Due to its width and footfall, only small stalls or units will be permitted to trade on
High Row and Skinnergate.
Trading may be further limited if the operation would give rise to disturbance to local
residents from noise and/or food smells.
Mobile and/or Out of Town Consents
Any area of the borough other than the town centre and prohibited streets as
detailed at Appendix 1
d)
Special Event Consent
These are consents which may be granted in respect of the market square, when held in
conjunction with specific community events such as fetes, carnivals or similar community
based and events which are organised by the Council’s Events Team.
The consent will be restricted to specified periods of a time-limited nature, such as
Christmas lights switch-on events and non-commercial, community or charitable events
where the profits are not used for private gain or are wholly passed to a charity or
educational organisation and which take place within the town centre
Persons wishing to trade at such events should contact the Events Team – please see
contact details on Page 12 of this Policy.
e)
Limited Period Consents
Limited period consents are available for traders wishing to trade for any period of time
ranging from ½ day to 2 days in duration.
If buskers have permission to busk in the town centre and wish to also sell their ownrecorded music or T Shirts etc. then a Limited Period Consent Street will be required.
Buskers will not be permitted to sell other goods or another person’s music. If a person
wishes to sell another artists recorded music, then the Town Centre daily fee will apply.
Buskers will need to submit an application to the Licensing Section before they wish to
commence trading within the town.
A consent will only be issued where the trading will take place in a consent street.
5
West Row and Pease Statue – no motor vehicles at any time
Blackwellgate, High Row, Posthouse Wynd, Prospect Place and Northgate – no vehicles between 10:00 hours
and 17:00 hours.
Skinnergate and Duke Street – No access between 10:00 hours and 17:00 hours
Consent Street Trading Policy 2014
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13. CONSULTATION
The Council will consult with relevant parties on the suitability of the applicants, any
assistants to be employed, the suitability of the vehicle or unit to be used, the proposed
site and restriction of access.
13.1 Grant of Licence
Where the application is for the grant of a licence, the Council will undertake a full
consultation which will include the Police and Fire Authority and various sections within
the Council such as Planning, Highways, and Environmental Health. Where a consent is
sought for the town centre, local traders, Darlington Association on Disability (DAD) and
Distinct Darlington Limited will be consulted.
13.2 Renewal of Licence
Where the application is to renew the licence, the Council will consult with the Police and
Environmental Health only. A renewal will retain the same days, times round or site and
operator as the current/previous consent. Any proposed changes or amendments to the
current consent will be treated as a new application.
14.
FEES
14.1
The current fees payable for the grant and renewal of a street trading consent are
available from the Licensing Office and the Councils website. 6
Variations to Fee Structure
14.2
The fee structure is reviewed annually as part of the budgetary process. Notice of the
current scale of fees will be supplied to new applicants at the time of application.
Payments
14.3 Where the holder of a Town Centre consent wishes to pay the annual fee on monthly
or weekly basis, then the Council will incur additional costs for ensuring fee
recovery and processing the fee. Therefore where such payment arrangements are
made the Council will charge an additional fee to recover such costs.
Charities
14.4
No fee will be charged to charities providing they are trading in accordance with a current
Street Collection Permit issued by the Licensing Section under the provisions of the
Police, Factories, etc. (Miscellaneous Provisions) Act 1916.
14.5
Charities which do not have a street collection permit will be required to obtain a street
trading consent
14.6 No person may trade without paying the fee due, prior to trading.
6
If an application for the grant or renewal of a street trading consent is refused, the Council shall refund the whole
of the fee to the applicant. Where a consent is surrendered or revoked, the Licensing Authority shall remit the
whole or part of any fee paid for the consent.
Consent Street Trading Policy 2014
Page 11
15.
CONTACTS
These contact details may prove to be useful:-
Subject
Licensing Enquiries
Details
 01325 388562
 licensing@darlington.gov.uk
01325 388082
Planning Enquiries
 planning.enquiries@darlington.gov.uk
01325 406711
Highway Enquiries
 highways@darlington.gov.uk
 01325 388692
Markets
 markets@darlington.gov.uk
01325 388799
Trading Standards
 tradingstandards@darlington.gov.uk
 01325 388566
Food/Health & Safety Enquiries
 customerservices@darlington.gov.uk
101 Ext 742782
Durham Police Enquiries
 ahru@durham.pnn.police.uk
 01325 388777
Street Fixtures/Furniture
 streetscene@darlington.gov.uk
 01325 388151/388438
Cultural Services and Events
 eventsteam@darlington.gov.uk
 01325 463002
Distinct Darlington Limited
Consent Street Trading Policy 2014
 admin@distinctdarlington.co.uk
Page 12
16. Standard Conditions attached to Street Trading Permit
16.1 The consent holder shall not sell, offer or expose for sale any goods or articles other than those
described within the principle terms of this consent.
16.2 No articles of firearms, replica firearms, knives, or fireworks shall be sold, offered for sale or
displayed on any part of the Stall/Van/Cart/Barrow or vehicle.
16.3 The trading name of the consent holder shall be displayed in such a position that it can be clearly
seen by any customer.
16.4 The consent holder shall display his street trading consent in a prominent position on his unit
16.5 The consent holder shall remove their unit at the end of each day’s trading.
16.6 The consent holder shall not place any additional stalls, freestanding signs or storage boxes
upon the public highway.
16.7 The consent holder shall ensure his site is kept free from litter and other waste at all times and
shall clear all waste or litter at the end of every trading period. Where appropriate, litter bins
shall be provided by the consent holder for use by customers.
CONDUCT
16.8 All consent holders and their assistants shall wear the Council consent badge at all times when
street trading is taking place.
16.9 The consent holder shall immediately notify the Council of any change to his name or address
and shall immediately notify the Council of any changes affecting the original consent.
ADVERTISEMENTS
16.10 The consent holder shall not exhibit on the site any advertising signs, posters or such like except
those approved in writing by an Authorised Officer.
APPEARANCE AND MAINTENANCE
16.11 The consent holder shall maintain the unit, vehicle or structure as appropriate in a clean state
and its fabric shall be kept in good repair and condition.
16.12 The unit or vehicle shall not be altered, adapted or replaced without the prior written consent of
the Council.
NUISANCE
16.13 The consent holder shall conduct his business in such a manner as to ensure that he does not:i. cause a nuisance to the occupiers of adjoining property; or to other users of the street;
ii. cause an obstruction to other vehicles or pedestrians or other users in the street;
iii. cause a danger to occupiers of adjoining property or to other users of the street
16.14 The use of loud speakers, horns, flashing lights or any other instruments used to attract
customers’ attention is forbidden in consent streets without the prior written consent of the
Council. (NB: Except for ice cream vans which shall be subject to additional conditions
Consent Street Trading Policy 2014
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SAFETY
16.15 A 2kg dry powder fire extinguisher shall be provided.
17.
ADDITIONAL CONDITIONS WHICH MAY BE ATTACHED WHERE RELEVANT
17.1
Generators
i)
Generators shall be positioned so as to reduce the length of cabling required to an absolute
minimum and to minimise nuisance to local residents or businesses from noise or fumes. Where
required, silenced generators or acoustically insulated generators should be sourced.
ii) Where petrol generators are used, a specific risk assessment (detailing how relevant hazards, i.e.
fire, explosion, refuelling, segregation, fumes etc. are controlled) should be provided by the
applicant.
iii) All generator exhausts and moving parts shall be suitably guarded to prevent injury to others
iv) Fuel for generators shall be stored safely in a suitable container at least 12 metres away from
electrical or other sources of ignition and away from potential interference by others.
17.2
Town Centre Conditions
v) The consent holder or employee shall not bring a motor vehicle into the Town Centre other than
to set up or taking down or their facility.
vi) The consent holder shall not place any furniture or equipment in the immediate area of the
premises other than as permitted by the Consent.
vii) At the end of each street trading period, the unit/van/cart/barrow shall be removed from the street
trading location within one hour of the end of street trading time shown on their Consent.
17.3
Motor Vehicle Conditions
viii) Any motor vehicle used for the purpose of street trading shall at all times be in a roadworthy
condition and have the relevant documents i.e. insurance, tax and MOT.
ix) These documents must be produced on request by the consent holder to any police officer or
authorised officer of the Council.
17.4
Food Related Conditions
x) The consent holder, and the unit/ stall and/or vehicle, must be registered as a food business and
fully comply with all relevant Food Hygiene legislation.
xi) Where gas cylinders are used, an annual gas safety certificate shall be required to ensure the
safety of all gas cooking and heating equipment. A fire blanket and a foam fire extinguisher shall
be provided in all vehicles selling hot food.
xii) The consent holder shall ensure that any food, cooking oil, fat or grease is not discharged into the
public sewer or drains.
xiii) All hot food vans/trailers shall carry a basic first aid kit.
17.5
Mobile Traders Conditions
xiv) Street trading is restricted to the location(s) indicated on the consent.
xv) Any trailers used for the purposes of street trading shall be removed from the highway when the
consent is not in operation.
xvi) Any tow bar must be protected so as to prevent any injury to pedestrians
xvii) Trailer doors etc. must be kept closed whist the trailer is in use.
Consent Street Trading Policy 2014
Page 14
xviii)
Mobile street trading within consent streets is restricted to 15 minutes duration at any one
trading position, after which the vehicle/unit must be moved a minimum distance of 200 metres
before street trading again.
xix)
Return to the trading position is prohibited within 2 hours.
xx)
The consent holder shall not locate the vehicle/unit within 200 metres of another stationary
vehicle that is selling similar goods and holds a consent from the Council.
xxi)
At the end of each street trading period vehicle/unit, shall be removed from the street trading
location within one hour of the end of street trading time showed on their consent.
xxii)
All mobile food vendors including ice-cream vendors shall adhere to the Code of Practice
approved under the Control of Noise (Code of Practice on Noise from Ice-Cream Van Chimes
Etc.) (England) Order 2013 (SI 2013 No. 2036) made under section 71 of the Control of
Pollution Act 1974 (as amended) by the Secretary of State for the Environment, Food and Rural
Affairs. This code of practice came into operation on 1 October 2013 in England. A copy of the
Code of Practice is attached at Appendix 2 of this policy.
17.6
Special Event Consent Conditions
xxiii)
Street trading consents may be granted in the immediate vicinity of the Market Square in
conjunction with specific community events taking place within the Town Centre that are
organised by the Council’s Events Team.
xxiv)
Any such consent would be restricted to particular times before, during and after an event held
within the market square
xxv)
The maximum number of events and size of pitches shall be as follows:
• There shall be no more than 12 events held on the market square in any one calendar
year.
• There shall be no more than 10 pitches/stalls or one large marquee at any one time
• The maximum dimensions for each pitch shall not exceed 20’ x 6’ 6” with a maximum
height of 8’ 4” unless they are contained within a large marquee
• No alcohol may be sold from any franchise except in accordance with the Licensing Act
2003.
• The consent holder is responsible for all individual trading activities and must ensure that
franchise trader complies with the Standard Conditions and any Additional Conditions
17.7
xxvi)
Marquee/Gazebo/Stall/Tent Conditions
It is the organizers responsibility to check the following, the list is not exhaustive and any other
manufacturer’s advice, guidelines and recommendations should also be adhered to.
• Marquees shall be erected by competent erecting company, who shall be able to provide
proof of competency e.g. membership of MUTA or other relevant organisations.
• The company shall have suitable Public Liability Insurance. i.e. £2 million
• The company must provide copy of its erection check list before use
• All marquees must be fire retardant and comply with BS 476:7 and BS 7157.
• That there is a suitable risk assessment which covers the erection, dismantling, use and
anchoring of the marquee/gazebo/stall/tent, which should be compiled, and be available to
all members of the organisers team for reference.
• That the marquee/gazebo/stall/tent is in a good condition and fit for purpose.
• That the people erecting and dismantling the structures are competent to do so and have
received adequate training.
• That the structure is capable of withstanding the expected wind speed and that a suitable
persons is appointed to check the wind speed at regular intervals.
• That there is suitable means of checking the wind speed on site at all times while the
structure is in use and erected on site. Should the weather change/deteriorate the
Consent Street Trading Policy 2014
Page 15
number of checks should be increased. If the maximum safe wind speed is exceeded the
use of the marquee/gazebo/stall/tent should cease and dismantled if necessary and safe
to do.
• That the number and type of anchor points is sufficient and in accordance with the
manufacturers recommendations and that ropes are in good condition and fit for purpose.
• If ballast is to be used the amount required should be obtained from the manufacturer,
positioned, and fixed in accordance with their instructions.
• That the marquee/gazebo/stall/tent is adequately restrained to ensure it cannot slide.
• If the marquee/gazebo/stall/tent is over 30m2 in floor area or its use involves hazards
such as hot cooking surfaces etc., an alternative means of escape will be required remote
from the main entrance. Dependant on its size, number of occupants and use, more than
one alternative emergency exit may be required. All emergency exits to be indicated using
appropriate signage to BS 5499. Existing escape routes must not be obstructed by the
marquee/gazebo/stall/tent or any other structure.
xxvii)
Advice regarding the position, number and width of routes and final exits etc. may be given by
the Building Control Surveyor or the Fire Prevention Officer at the Fire Brigade. Advice will
also be given on safe routes of travel, emergency lighting (required if the structure is to be
used during the hours of darkness) signage etc.
xxviii) The proposed use of the marquee/gazebo/stall/tent must be considered, its fire risk
ascertained, and how this will affect crowd density and means of escape. This should be
discussed with the Fire Authority and if necessary, appropriate fire extinguishers considered.
xxix)
If the marquee/gazebo/stall/tent is to be used during the hours of darkness, or if ambient light
levels are low, suitable emergency lighting will be required to indicate exits and a safe route
of travel inside the marquee/gazebo/stall/tent and externally to a safe place of refuge.
xxx)
Sufficient waste and litterbins should be provided and arrangements made for their frequent
emptying and any accumulation of waste or litter removed; any bins frequently becoming full
should be removed at a greater frequency. The area of the marquee/gazebo/stall/tent must
be kept clear at all times with all full bin bags removed without delay.
xxxi)
The provision of heaters must take into account fire risks associated with all equipment,
marquee/gazebo/stall/tent fabrics, combustible material, gas bottles and other types of fuel.
xxxii)
Gas bottles or other fuel for heating/cooking etc. must be sited outside the
marquee/gazebo/stall/tent, and shall not to be placed near to proposed or existing escape
routes and shall be protected against unauthorised access and tampering.
17.7
Limited Period Consents
xxxiii) The consent holder shall be restricted to the sale of personal merchandise such as music
CD’s etc. and T-shirts
xxxiv) The consent holder shall not stand, sit, or cause any merchandise so as to cause an
obstruction of the highway (footpath), entrances or exits to shops and other premises.
xxxv) Amplifiers may only be used at very low or reasonable levels so as not to cause a nuisance.
xxxvi) The sound level at 10 metres or more should not be dominant or above background level.
Consent Street Trading Policy 2014
Page 16
Appendix 1
PROHIBITED STREETS
A
B
C
D
F
Abbots Yard
Anns Terrace
Armstrong Court
Aldborough Walk
Alliance Street
Archer Street
Arden Street South
Arron Walk
Bakehouse Hill
Balliol Court
Bank Top
Barnard Street
Beaumont Street
Beaumont Street West
Bells Place
Black Path
Blanchand Green
Bondgate
Branksome Green
Bridge Road
Bridge Terrace
Brinkburn Dene
Buckingham Court
Bucktons Yard
Bull Wynd
Carlton Court
Carrside
Cemetery Lane
Chancery Lane
Chaytor Court
Clarks Yard
Claytons Yard
Cockerton Green
College Court
Coniscliffe Road (from its
junction with Larchfield
Street to its junction with
Skinnergate)
Croft Road
Chelsea Court
Church Row
Chichester Walk
Court Arcade
Crown Street
Cypress Close
Dene Park Court
Dorchester Court
Falstaff Court
Feethams
Feethams South
Festing Court
Four Riggs
Freemans Place
Grange Road
Green Lane
Harewood Grove
Haughton Green
Haughton Road
Hebrides Walk
Houndgate
Hird Street
Hogarth Court
Holly Street
Hopetown Lane
I’Anson Square
Honeypot Lane
Horsemarket
High Northgate
(from its junction with
Leadenhall Street to its
junction with Railway
Bridge)
Jacksons Yard
Jubilee Cottages
Kelso Walk
Kendrew Street
King Street Part (from its
junction with Commercial
Street)
King Street Part (from its
junction with Gladstone
Street)
Langton Walk
Larchfield Street
Lingfield Close
Lombard Court
Lorn Walk
Church Lane
Friends School Yard
G
Geneva Lane
Guardian Court
H
I
J
K
L
Consent Street Trading Policy 2014
Page 17
M
N
O
P
McMullen Road
Mechanics Yard
Mercia Court
Mewburn Road
Mill Lane
Model Place
Montagu Court
Mowden Hall Drive
North Eastern Terrace
North Road
Northumberland Street
Northgate (from its junction with Leadenall Street to its junction with St Augustine’s
Way)
Otley Terrace
Oxclose Lane
Parkgate
Park Place
Pleasant View
Polam Lane
Portland Place
Post House Wynd
Prebend Row
Priestgate
Princes Street
Raby Terrace
Rastrick Walk
Rockwell House
Romaldkirk Walk
Rosemary Court
Royal Oak Yard
Russells Yard
Rustland Drive
Salt Yard
Scargill Court
School Street
Shutts Court
Skye Walk
Snipe Lane
Stone Bridge
Stratton Court
Sun Street
St Augustines Way
St Cuthberts Place
St Cuthberts Way
Talbot Yard
Tandridge Court
Taransay Walk
Temperance Place
Tiree Gardens
Tom Raine Court
Union Street
Upper Archer Street
Vicarage Road
Victoria Road
Weavers yard
West Auckland Road (from West Row
its junction with Prior
Wellington Court Mews
Street to its junction with
Punch Bowl Yard
Q
R
S
Quebec Street
St Johns Place
T
U
V
W
Welbeck Cottages
Westcliffe Court
Y
Cockerton Green)
West Street
Winston Street
Woodland Road
Yarm Road
Consent Street Trading Policy 2014
Page 18
Appendix 2
Code of Practice on Noise from Ice-Cream Van
Chimes Etc. in England 2013
Contents
Introduction
19
Regulations regarding the use of loudspeakers in streets
19
Operating guidelines
20
General
20
Volume
20
Playing time
20
Frequency
20
Use of chimes in sensitive areas
21
ANNEX: Summary of the Code of Practice on Noise from Ice-Cream Van
Chimes Etc. in England 2013
22
© Crown copyright 2013
You may re-use this information (not including logos) free of charge in any format or medium, under
the
terms
of
the
Open
Government
Licence.
To
view
this
licence,
visit
www.nationalarchives.gov.uk/doc/open-government-licence/ or write to the Information Policy Team,
The National Archives, Kew, London TW9 4DU, or e-mail: psi@nationalarchives.gsi.gov.uk
This document/publication is also available on our website at: www.defra.gov.uk
Any enquiries regarding this document/publication should be sent to Defra at:Code of Practice on Noise from Ice-Cream Van Chimes Etc.
Noise and Nuisance Team
Department for Environment, Food and Rural Affairs
Area 2C Nobel House
17 Smith Square
London
SW1P 3JR
Consent Street Trading Policy 2014
Email: noise@defra.gsi.gov.uk
Page 19
This code of practice was developed with the involvement of mobile food vendors, particularly the
ice-cream vendor industry. Approval was given for this code by the Control of Noise (Code of
Practice on Noise from Ice-Cream Van Chimes Etc.) (England) Order 2013 (SI 2013 No. 2036)
made under section 71 of the Control of Pollution Act 1974 (as amended) by the Secretary of State
for the Environment, Food and Rural Affairs. This code of practice came into operation on 1 October
2013 in England.
It is an offence under section 62 of the Control of Pollution Act 1974 (CoPA) to use a loudspeaker in
the street. There is a specific exception for the operation of loudspeakers fixed to vehicles used to
convey and sell perishable commodities for human consumption to the public, such as ice-cream,
provided that they do not give reasonable cause for annoyance to persons in the vicinity. Under
section 71 of CoPA the Secretary of State has the power to approve codes of practice that help to
minimise noise. This code gives guidance on minimising noise from ice-cream van chimes. It should
also be taken as applying equally to any other sounds made by a loudspeaker fixed to a vehicle
from which perishable goods are sold to the public. Compliance with this code will help to show that
that a vendor has complied with section 62 of CoPA.
Noise that is prejudicial to health or a nuisance that is emitted from or caused by a vehicle,
machinery or equipment in the street is a statutory nuisance under section 79 of the Environmental
Protection Act 1990 (EPA). Under Part 3 of the EPA, action can be taken by local authorities and
private individuals to require a business that is responsible for a statutory nuisance to abate that
nuisance. A business that applies the ‘best practicable means’ to prevent or counteract the effects of
the nuisance will have a defence against such action.
Under section 79 of the EPA, a code of practice made under section 71 of CoPA must be taken into
account when determining whether the best practicable means have been applied. Compliance with
this code will help to show that a vendor has used best practicable means to prevent, or counteract,
the effects of any nuisance resulting from the chiming.
INTRODUCTION
1.1
This code of practice gives guidance on methods of minimising annoyance or disturbance caused
by the operation of loudspeakers fixed to ice-cream vans used to convey and sell perishable
commodities for human consumption to the public. Most loudspeakers used in this connection are
fixed to ice-cream vans and play a chiming call signal; nevertheless this code of practice should be
taken as applying equally to any other sounds made by a loudspeaker fixed to a vehicle from which
perishable goods are sold to the public.
1.2
The code of practice does not in itself create offences or have the force of law, but local authorities
and magistrates' courts must have regard to it in any consideration of ‘best practicable means’
under Part 3 of the Environmental Protection Act 1990 (EPA).
REGULATIONS REGARDING THE USE OF LOUDSPEAKERS IN STREETS
2.1
Under section 62 of the Control of Pollution Act 1974 (CoPA) it is an offence to operate or permit
the operation of any loudspeaker of the ‘ice-cream van chimes’ type in a street unless all the
following conditions are complied with:
a) the loudspeaker is operated only between the hours of noon and 7 pm on the same day;
b) the loudspeaker is fixed to a vehicle which is being used for the conveyance of a perishable
commodity for human consumption;
c) the loudspeaker is operated solely for informing members of the public (otherwise than by means
of words) that the commodity is on sale from the vehicle
d) the loudspeaker is so operated as not to give reasonable cause for annoyance to persons in the
vicinity.
2.2
Under section 79(1)(ga) of the Environmental Protection Act 1990 noise that is prejudicial to health
or a nuisance that is emitted from or caused by a vehicle, machinery or equipment in the street is a
statutory nuisance. Under Part 3 of the EPA, action can be taken by local authorities and private
Consent Street Trading Policy 2014
Page 20
individuals to require a business that is responsible for a statutory nuisance to abate that nuisance.
A business that applies the ‘best practicable means’ to prevent or counteract the effects of the
nuisance will have a defence against such action. Under section 79 of the EPA, a code of practice
made under section 71 of CoPA – like this one – must be taken into account when determining
whether the best practicable means have been applied.
OPERATING GUIDELINES
General
3.1
Annoyance to persons in the vicinity is most likely to be caused if the volume of chimes is
excessive, if the chimes are played too frequently or for too long, if the chimes are sounded in
areas where people are particularly sensitive to noise, or if the sound of the chimes is distorted.
The methods by which such annoyance may be minimised are described in the following sections
of this code of practice.
3.2
Owners should ensure that the main points of this code of practice are displayed in all vehicles
fitted with a loudspeaker of the 'ice-cream van chimes' type, and that it is brought to the attention of
all persons concerned with the operation of the chimes; the Annex to this code of practice contains
a summary of the code of practice which could be used for display purposes.
Volume
4.1
No chimes should be operated which produce a noise level in any direction of more than LAmax
80dB.7 When operating in areas where houses are particularly close to the road, such as in narrow
streets or when stationary, it may be necessary to reduce the volume of the chimes below LAmax
80dB to avoid disturbance.
4.2
Care should also be taken to avoid distortion of the chimes, which may occur if the volume is too
high, or if the equipment is faulty or the component parts of the equipment are not correctly
matched.
4.3
When, for the purposes of this code, the level of noise emitted by the chimes is being measured in
accordance with the measurement method described in footnote 1, the restrictions on the use of
the chimes recommended in paragraphs 5 and 6 below would not apply.
Playing time
5.1
The passage of music played should not last more than 12 seconds. Where the mechanism
contains a timed cut-out device which can automatically limit the playing time to 12 seconds or
less, it should be used.
Frequency
6.1
The chimes should be played once only on the approach to each stopping place (or ‘selling point’),
only once when the van is stationary, and never at intervals of less than 2 minutes.
6.2
The chimes should not be played more often than once every 2 hours in a particular length of
street. 8
6.3
The chimes should not be played when in sight of another van (whether moving or stationary)
which might reasonably be taken to be in the street for trading purposes.
6.4
Subject to those considerations, the chimes should be played only as often as is necessary to let
customers know that the commodity is on sale from the vehicle.
7
At 7.5 metres over a 12-second period of continuous chiming. Noise measurements should be undertaken with a meter which conforms to BS
EN 61672-1:2003 Electroacoustics. Sound level meters. Specifications (Class 1) set to the A-frequency weighting and the F-time weighting. The
microphone should be held at a height of 1.2 metres above the ground, and at a distance of 7.5 metres from the loudspeaker. The microphone
should be fitted with a windshield and the meter should be calibrated periodically and checked prior to (and after) measurement by a calibrator
conforming to BS EN 60942:2003 Electroacoustics. Sound calibrators.
8
A ‘particular length of street’ should normally be interpreted as being a length of street up to 500 metres long
Consent Street Trading Policy 2014
Page 21
Use of chimes in sensitive areas
7.1
The chimes should not be played in areas where people may be especially sensitive to their sound.
In particular they should not be played:
a)
b)
c)
within 50 metres of any hospital or similar institution;
within 50 metres of a school during school hours;
within 50 metres of a place of worship on a Sunday or other recognised day of worship.
Consent Street Trading Policy 2014
Page 22
ANNEX: 1
Summary of the Code of Practice on Noise from Ice-Cream Van Chimes Etc. in England 2013
It is an offence to sound your chimes before 12.00 noon or after 7.00 pm. It is also an offence to sound
your chimes at any time in such a way as to give reasonable cause for annoyance. A code of practice
approved by the Government gives guidance on methods of minimising annoyance caused by your
chimes. The main points of the code of practice are:
Do not sound chimes
1. for longer than 12 seconds at a time;
2. more often than once every 2 minutes;
3.
more than once when the vehicle is stationary at a selling point;
4. except on approach to or at a selling point;
5. when in sight of another vehicle which is trading;
6. when within 50 metres of schools (during school hours), hospitals, and places of worship (on
Sundays and other recognised day of worship);
7. more often than once every 2 hours in the same length of street;
8.
louder than LAmax 80dB at 7.5 metres; *
9. loudly in areas of low background noise or narrow streets as elsewhere.
REMEMBER: It is an offence to sound your chimes before 12.00 noon or after 7.00 pm.
It is an offence to sound your chimes at any time in a way which gives reasonable cause for annoyance.
* Measured in the way suggested in footnote 1.
Consent Street Trading Policy 2014
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Consent Street Trading Policy 2014
Page 24
Consent Street Trading Policy 2014
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