Street trading licences
We grant and manage licences for street trading in certain areas of Swadlincote town centre.
No consent is required to trade in the street in other areas of South Derbyshire.
Street trading means the selling, exposing for sale or offering for sale of any article (including a living thing) or the supplying or offering to supply any service in a street for gain or reward. A street is defined as ‘any road, footway, beach or other areas to which the public have access without payment and a service area as defined in section 329 of the Highways Act 1980.
We have designated 'consent streets' (pdf, 127kb) where street trading is only allowed with our consent.
Street trading consent is needed even if you are trading on private property but the public has access without payment, for example, a supermarket car park.
- ExemptionsA licence is not required by people who are:
- Trading with a pedlar licence
- A market trader operating at Swadlincote market
- Trading as a news vendor
- Trading at or adjoining a shop business as part of the business of the shop
- Offering or selling things as a roundsman.
- Consent conditionsEach street trading consent issued by us is subject to standard consent conditions. Amongst other matters these conditions relate to matters such as:
- The name of the person who may trade
- The goods that may be sold
- The exact site where trading may take place
- The days and times when trading can take place
- Displaying the licence holders name and licence number
- Heating and lighting arrangements
- Disposal of rubbish.
- Application processIf you wish to trade in the area of Swadlincote, you will need to apply for a street trading consent. No application is required if you are street trading outside of the Swadlincote Town Centre area’. The applicant needs to submit a street trading application form (pdf, 156kb) with the relevant supporting documentation:
- Interior and exterior colour photographs
- Plan indicating proposed trading location
- Public liability insurance certificate
- Relevant food hygiene qualification (if trading food) for each member of staff
- Proof of trade waste contract
- Proof of food registration (if trading food)
- Licence fee.
There is a 28 day representation period for any objections to be raised. If no objections are raised, consent is granted. If any objections are received, a Licensing and Appeals Sub-Committee hearing will be arranged to determine the application.
Tacit consent will not apply.
- AppealsThere is no right of appeal against the refusal or revocation of a street trading consent. Further details are included on the application form and are in the Street Trading Policy. (pdf, 309kb)
- Illegal street tradingWe have adopted powers under the Local Government (Miscellaneous Provisions) Act 1982 so that we may control or prohibit street trading in the central areas of Swadlincote. Using these powers we have designated streets where street trading is only allowed with our consent and then, only in specified trading locations. These streets include:
-Civic Way, walkway to Toulmin Drive leading to Rowley Court to back of Belmont Street Industrial Estate to Belmont Street to Civic Way to back of Church Street to Hill Street to Sir Herbert Wragg Way to Coppice Side to back of Pipeworks Retail Park to back of Rink Road to Alexandra Road to back of West Street to Heathcote Road to back of Sainsburys to William Nadin Way to Darklands Lane to Darklands Road
The Council is committed to enforcing the provisions contained within the relevant legislation and to work in partnership with all enforcement agencies to provide consistent enforcement on licensing issues. Where unlicensed street trading takes place, the Council will gather evidence and take the necessary enforcement action in line with the Council’s Enforcement Policy.
- Special Event ConsentIn order to remove the requirement for each individual trader to obtain their own consent, the Council will issue a Special Event Consent that facilitates multi-user street trading for community events. The application form for a Special Event Consent must be accompanied by permission in principle from the Cultural Services Department. The consent will be issued for the duration of the specified event only and will be to a named individual. Where the application is made by an organisation, they must nominate a named individual who will be responsible for managing the use of the consent. The consent holder will be responsible for ensuring compliance with the conditions attached to the consent at all times whilst the consent is being used to facilitate street trading. The consent holder will be required to keep records of all traders that use the Special Event Consent including the date, trading location, name and company name, address, vehicle registration, contact telephone numbers and items for sale. Special Event Consents provide exclusive control over trading in the designated area. Individuals are still able to apply direct to the Council for a consent. Licence holders of an annual consent will not be able to trade during a special event unless written permission has been granted from the Council.
- Transfer and Variation
A street trading consent cannot be transferred or sold to another person except that the consent may be transferred to a member of the consent holder’s immediate family in the event of the consent holder’s death or incapacity. The sub-letting of a pitch is prohibited. Any variation to the details of the consent holder must be notified to the Council in writing. The Council will issue an amended consent on payment of the relevant fee. The original consent must be returned to the Council. Any variation to the range of goods for sale, days and/or hours of trading must be notified to the Council in writing. The Council will consider the request taking into consideration the request and the number of existing traders and retailers already offering the proposed goods for sale. Payment of the relevant fee is required. The original consent must be returned to the Council.