Street trading means the selling, exposing or offering for sale any article/goods (including a living thing) in a street, a street includes any outside area incorporating

• any road, lay-by, footway, beach or
• garden areas, forecourts and car parks to which the public have clear unobstructed access without payment.

All of the above include land which is privately owned too.

If you wish to sell goods in any area specified above within the East Riding of Yorkshire a consent will be required before you can trade.

There are certain areas within the East Riding of Yorkshire that street trading is not permitted, and no consent would be issued for. For full details see 'Where can I trade from?'

It is an offence under Schedule 4, paragraph 10 of the Local Government (Miscellaneous Provisions) Act 1982. If a trader was prosecuted for trading without consent in place they could face a fine of up to £1000 for each time they are caught trading unlawfully.

Some types of trade are automatically legal and do not need a street trading consent to be in place.

These include:

• a person trading under the authority of a pedlars’ certificate granted under the Pedlars Act 1871
• trade carried out by roundsmen e.g. milkmen
• trade carried on at a petrol filling station
• a news vendor selling only newspapers and periodicals (subject to size restrictions on the stall/receptacle from which they operate)
• a market trader operating at a licensed market venue
• shop forecourts, only if any extension to shop's existing stock, and street collections
• areas to which there is no free access to the land/unit/stall.

If you require any further information on whether you may be exempt, please contact us by:

Email: licensing@eastriding.gov.uk

Also within the East Riding, we have chosen through our policy to exempt the following from the need for consent:

• Residents wishing to sell from the pavement outside their home address on a temporary basis such as honesty boxes or a one-off garage sale
• Some fetes, carnivals or similar community events, where the proceeds raised are for a charitable purpose only
• Individual car sales in a street, where it is not being done as part of a car business
• One-off bake sales/fundraisers for charity such as Lifestyle where there is no personal or business gain.

The following streets and lay-bys are designated as prohibited streets within the East Riding and therefore no consents to trade will be issued for these.

A full list of all consents currently in force can be viewed on the document below:

The licensing team would not look to issue consents where the provision in that area are already met.

It is an offence under Schedule 4, paragraph 10 of the Local Government (Miscellaneous Provisions) Act 1982. If a trader was prosecuted for trading without consent in place they could face a fine of up to £1000 for each time they are caught trading unlawfully.

A full list of prohibited streets and lay-bys can be viewed on the document below:

Transfers

A street trading consent cannot be transferred or sold to another person. The sub-letting of a pitch is prohibited.

You cannot trade until the consent has been issued. It is an offence to do so.

For more information on how the licensing authority enforces and regulates street trading please visit 'Who regulates and enforces street trading?'

A tacit consent does not apply to this application, meaning that your application will not be automatically granted after a specified period of time. Each application must be considered on its own merit.

Yes

If you wish to provide a temporary market such as a pop-up food festival or a Christmas market, you will need a street trading consent.

You can apply for a special event consent that would cover all stalls at the temporary market, or you can apply for a consent for each individual stall.

If you are selling alcohol, you will also need to apply for a Temporary Events Notice.

No

If the market is a permanent, official market such as Beverley Saturday Market or Driffield market, a street trader consent is not required.

Read more about trading at a permanent market.

In general, street trading consent would be required where goods are sold on a regular basis from land that is accessible to the public or where the activity can be readily approached or observed from the highway. This can include private land, such as a driveway, if members of the public are able to access it freely to make purchases.

Occasional sales (for example, one-off events or infrequent private sales) may not require consent, but regular or ongoing trading is more likely to be considered street trading and therefore require permission from the council.

Whether consent is required will depend on a number of factors, including:

• how often the trading takes place
• the amount of goods being offering for sale
• the range and nature of goods being sold
• whether the general public are invited onto the property to purchase goods
• whether the activity is visible or promoted to passing members of the public
• the method of sale, for example honesty box arrangements, self-service facilities or card payment systems
• the intention behind the sales, including whether goods are produced specifically for commercial sale or represent surplus produce such as eggs, fruit or vegetables from a domestic property
• whether the goods are pre-ordered.

If you intend to sell goods on a regular basis, we would recommend contacting us, via email, with further details of the proposed activity, so we can provide more specific advice.

Email: licensing@eastriding.gov.uk

To avoid disappointment we recommend that anyone wishing to sell anything from an outside area, that the public has free access to, conducts some basic checks to establish what authorisations or permissions may be required before making a significant business investment, making any sales or setting up any site or stall.

Can I apply for the area I want?

Check to ensure the area you are considering is not prohibited or covered already by an existing consent/s. For prohibited streets and lay-bys, see Where can I trade?. For a register of all current consents, please view our public register below.

Is there a consent to cover my business idea?

Full information on the types of consent available are listed under What types of consent can I apply for?

Who owns the land?

Check to see who owns the land, in all cases except for where the land is designated as highway you will also require landowners permission to trade from that land. If the land is privately owned, the owner of the land should seek advice from the planning team on whether the land holds the correct permissions to be used for street trading.

Coastal areas – landowner permission

The majority of the coastal areas within the East Riding of Yorkshire are controlled by and under the management of, the Foreshores Inspector. If you are interested in trading from ANY shoreside or waterside location e.g. Bridlington or Hornsea beaches or promenades, Hessle shore/waterside car parks, you must contact the Foreshores Inspector to establish whose permission is required.

The Foreshores Inspector can be contacted by email: foreshores@eastriding.gov.uk

Please note: written permission MUST be obtained before submitting an application to trade from an area controlled by the Foreshore Inspector.

Landowner permission – mobile trading

If as the trader stops on the highway and customers leave the business premises to purchase food or drinks then individual landowner permission is not required, However, if the trader intends to stop in the car park, forecourt, or other privately owned area and serve/sell to customers off the highway, then permission is required from each premises the trader intends to visit.

Public Protection – food services team

Businesses selling consumable products (e.g. hot and cold food or beverages) must be registered with the local authority in the area in which they are based and must have achieved a Food Hygiene Rating of 3 or above.

Before deciding to apply to operate a street trading business please contact our Food Services team if you require registering as a food business.

The Food Team can be contacted by email at: food.services@eastriding.gov.uk

Street trading policy and consent conditions

How East Riding of Yorkshire Council approaches and considers street trading applications and regulation is outlined in full in our policy as detailed below. This includes considerations would be in place for all applications.

If a consent was successfully granted, it would be subject to conditions of operation, the conditions of the consent can also be seen in the policy, you would have to be able to adhere to the consent conditions. This pool of conditions is not exhaustive and specific conditions can be added to consents on a case by case basis.

The sale of alcohol or late night refreshment

Under the Licensing Act 2003, alcohol cannot be sold from anywhere, or by any person, without a valid authorisation.

In relation to street trading, a temporary authorisation can be arranged through submitting a Temporary Event Notice (TEN).

A temporary event notice is a secondary permission which is needed if you wish to sell alcohol in the street, on a stall/ bar to which the public have free access.

Please note: statutory time limits exist for the submission of Temporary Event Notices, Ordinarily, 10 clear working days (Bank Holiday days do not count toward the 10 clear days) are required between submitting the TEN and the day the event is held on.

Late night refreshment is the provision of hot food or drinks after 23.00 hours, generally consents to street trade in the night economy are not permitted in the East Riding area.

Full details of all consents types and their limitations can be seen in the street trading policy as detailed below:

Daily consent

If you wish to sell articles or good for a short period of time as a one-off, you can apply for a daily/occasional street trading consent.

These are £50 per day, per trader.

Special event consent

If you wish to provide a number of stalls, traders all in association with an event in the area, for example, a village fair then a special event consent can be applied for by the event organiser. The consents are available to cover a number of traders in bandings as set out below:

• Up to 10 stalls £87
• 11-24 trading stalls £164
• 25 trading stalls and over £233.

Static consent

If you wish to trade in a fixed location, whether that be for one/two hours or more, you will require a static street trading consents. If you wanted to trade from more than one fixed location then you would require a separate static consent for each location. The only exception to this is multiple site consents as detailed below.

A static consent can be applied to cover a six month period (seasonal) or a year (annual):

• Seasonal - £440/Annual - £795
• New Business Incentive Fee (first consent only) - £250.

Mobile consent

Required if you wish to trade in the streets across areas of the East Riding, for example, with an ice cream van, a mobile sandwich van or coffee van. A mobile street traders consent would then be required.

Landowners' permission will also be required if the mobile route involves a stop on any private land. Mobile consents only permit the unit/vehicle to stop to trade for a short duration, for the time in which you have a queue of customers to serve, and after that should move on. The expected duration for each stop would not exceed 15 minutes.

A mobile consent can be applied to cover a six month period (seasonal), or a year (annual):

• Seasonal - £440/Annual - £795
• New Business Incentive Fee (first consent only) - £250.

Multiple site consent

A multiple site consent permits a maximum of 5 specified locations with each site being permitted once within a week for a maximum duration of 3 hours. Multiple site consents are for hot food provision in areas such as villages.

Multiple site consents (a maximum of five fixed locations):

• Seasonal - £535/Annual - £865
• Additional trader badge - £65
• Change of detail - £44
• New Business Incentive Fee (first consent only) - £250.

Residential property

A Domestic Street Trading Consent is required for certain small traders that operate from their residential property and sell goods to members of the public. Examples include cake sheds, flower stalls, pizza cupboards, dog treat stalls, and similar self-service or unmanned units located within the grounds of a home.

• Annual - £440/Seasonal- £280
• New Business Incentive Fee (First Consent Only) - £75.

For all application (excluding daily and special events consents) the following supporting documents are required to make a valid application:

• A site plan of the proposed locations/showing where the unit would be located
• x2 photographs of the unit to be licensed
• Basic criminal record check (less than 6 weeks old) for the applicants and any staff proposed to work the unit
• Public liability insurance (minimum of 2 million covering third and public liability risks)
• Proof of right to work in the UK
• A certified passport photograph of all parties to work in the unit (an additional charge of £65 is payable for each badge above the applicants)
• Written proof of landowners permission (if applicable)
• For food vendors - a level 2 food hygiene qualification and confirmation of a food hygiene rating of 3 stars or above.

For special event consents the following supporting documentation is required to make a valid application:

• The written permission of the landowner (for land, not highway)
• Location plan and list of all stalls at the event and articles been sold
• Public liability insurance (minimum of £2 million covering third party and public liability risks).

How can I get help or advice on applying for a Street Trading Consent?

We appreciate that the application process is complex and may appear confusing if you've not applied for a consent before, therefore the licensing team offers a pre-application advice service.

The cost of the service is £93 plus VAT and provides 1.5 hours with a Licensing officer who will assist you with any aspect of the application process you need help with, which could include:

• understanding the legal process
• discussing and explaining the conditions and how they must be met
• explaining what a location or site plan must include
• making your application or
• any other relevant requirement relating to your application.

If you would like to request a pre-application advice appointment you can do so by using the following link:

Request and pay for advice prior to submitting a licensing application

Making an application

You can apply for a street trading consent using the online form below:

Apply for street trading consent

Find your ordnance survey location

Applications for street trading consents can only be accepted from persons over 17-years-of-age.

East Riding of Yorkshire Council has a street trading policy, where it details our approach to licensing street traders and full requirements of the licensing authority.

Tacit consent does not apply to these applications, meaning that your application will not be automatically granted after a specified period of time. Each application must be considered on its own merit.

Incomplete applications will not be processed and returned to you.

Once your application is accepted as valid, the licensing team will fully assess your application against the requirements and policy considerations, which may include an inspection of the proposed site/s.

All licensed street traders are issued with a paper licence, this should be prominently displayed for members of the public to view.

All licensed street traders (except daily/occasional) will also display a pink/white plate which should also be prominently displayed for members of public to view.

This register shows all current street trading consents issued for trading within the East Riding district:

It is your responsibility to renew your consent. If a renewal application is not made then the consent will lapse and any application made will be dealt with as a new application and the trader will not be permitted to trade until the new consent is issued.

The easiest way to renew your street trading consent is to complete the online declaration form below, you will need to provide a new basic police check every third year and submit a new photograph every 5 years.

Apply to renew street trading consent

If you no longer require your consent, you need to put this is writing to the licensing team:

Email: licensing@eastriding.gov.uk

You are also required to return the plate and paper consent, the plate remains the property of the council at all times.

A tacit consent does not apply to this application, meaning your application will not be automatically granted after a specified period of time. Each application must be considered on its own merit.

You can makes minor changes to the consent, for example of change of name, registered address of the consent holder.

Please note: a change of name will require a deed poll certificate, court papers or a marriage certificate.

Consents are not transferable to any other individual.

Email: licensing@eastriding.gov.uk

A change of detail will cost £41 for the consent to be reissued.

The licensing team issue and enforce all consents for street trading including the investigation and prosecution of street traders without consents.

If you wish to report a street trader that you think may be trading without consent, you can email us:

Email: licensing@eastriding.gov.uk

Please provide as much information as possible when lodging concerns, to allow the matter to be investigated.

All consents issued are subject to conditions which have to be adhered to at all times.