Street trading licence conditions

Current street trading licence conditions

London Local Authorities Act 1990 (as amended) and the London Local Authorities Act 2012 Regulations Made by the London Borough of Camden pursuant to section 27(3) of the London Local Authorities Act 1990 prescribing standard conditions applicable to street trading licences with effect from 1 April 2015

The headings inserted in these Regulations hereafter referred to as conditions are for guidance only and shall not affect in any way the meaning of the conditions.

Definitions

1. In these conditions unless the context otherwise requires the following expressions shall have the following meanings:

   Act

   means Part III of the London Local Authorities Act 1990 as amended and the London Local Authorities Act 2012

   Council

   means the London Borough of Camden

   Street Trading

   shall have the meaning described in Section 21 (1) of the Act

   Licensed Street Trader

   means any person who is licensed for street trading under the Act

   Street Trading Licence

   means a licence granted under Act and valid for the period specified therein being not less than six months and not more than three years

   Temporary Licence

   means a licence granted and valid for a single day or for such period as may be specified in the licence not exceeding six months

   Receptacle

   includes a vehicle or receptacle and any basket, bag, box, vessel, stand, stall, easel, board, tray or thing which is used (whether or not constructed or adapted for such use) as a container for the display of any article or thing or equipment used in the provision of any such service

   Stall

   means any structure, box, table, stand or thing used to display goods or protect the goods or the licence holder or his assistant

   Assistant

   means a person employed by and acting under the directions of a trader to assist him about the business of the receptacle and whose name and address has been notified to the Council

   Awning

   means a sheet of canvas or other material, used as a protection against the weather, which projects as an extension of the roof beyond the structure of the receptacle

   Premises

   means a shop, house, or a block of flats immediately behind the licensed pitch

   Designated pitch

   means a pitch in any street authorised as a place at which street trading may be engaged in by a street trader

   Refuse

   includes any waste material

   Trader

   means a person in whose name a current licence is held authorising street trading from a licensed street trading pitch

   Consent

   means the consent of the Council in writing

   Commodities

   means any goods, wares or merchandise for sale at a stall

   Officer Panel

   means a collective of Council Officers

2. In these conditions in accordance with the provisions of Section 6 of the Interpretation Act 1978 unless the contrary intention appears:
   • Words importing the masculine gender include the feminine;
   • Word importing the feminine gender include the masculine;
   • Words in the singular include the plural and words in the plural include the singular.
3. All other expressions shall be construed in accordance with Part III of the Act and unless the context requires otherwise any reference to a licensed street trader shall include any assistant employed by that trader.

General

4. The Council may add special conditions where it considers appropriate and in the event of any conflict between these standard conditions and any special conditions attached to a licence, the special conditions shall prevail.
5. Licensed street traders shall provide written notice to notify the Council of any permanent change of address as soon as it occurs.

Other legislation

6. The grant of a street trading licence shall not be deemed to give any approval or consent which may be needed under Bye-law, enactment or regulations other than Part III of the London Local Authorities Act 1990 as amended and the London Local Authorities Act 2012.
7. Traders must comply with Trading Standards legislation i.e.:
   • Goods sold by weight must be sold in metric units
   • Goods that contravene the Trade Marks Act 1994 (counterfeit goods) must not be sold
   • All goods must have a price inclusive of VAT displayed on them.
8. All food receptacles must comply with current Food Safety legislation.
9. The Council’s Environmental Health Officers and any other authorised officers must approve all food receptacles where it is deemed necessary and as required under Food Hygiene legislation.
10. A licensed street trader and his assistant shall comply with current Health and Safety legislation and where food is sold they shall also comply with current Food Hygiene legislation.
11. Where compliance notices are issued with regard to Health & Safety and Food Hygiene legislation those matters must be addressed within the notice periods given.
12. All traders who sell foodstuffs from their stalls must ensure they are registered as a food premises with the relevant section of the Council.

Note: failure to comply with legislation may result in enforcement action taken by the relevant section of the Council

Conduct of traders

13. Licensed Street Traders and any assistants employed by them shall ensure that all persons are treated fairly and with courtesy.
14. Licensed Street Traders shall ensure that their staff are competent, courteous and helpful.
15. Licensed Street Traders shall not mislead the public about their legal rights, either orally or by displaying signs e.g. “no goods exchanged”, “no refunds given”.
16. Licensed Street Traders shall carry their street trading licence and street trading licence I.D. card at all times when trading. These licences shall be shown on request to an authorised officer of the Council or to a police officer.
17. A licensed street trader and any assistants employed by them shall give every reasonable assistance to Council Officers in carrying out their duties.
18. The licensee and any assistants employed by them shall not commit any acts of harassment (whether racial, sexual or otherwise) against any person. Harassment includes, but is not limited to:
    1. Violence or threats of violence towards any person;
    2. Abusive or insulting words or behaviour;
    3. Damage or threats of damage to property belonging to another;
    4. Racial Harassment, which will include any allegation where the acts or omissions complained of are racially motivated.

Assistants

19. Any assistant employed by the licensed trader, whether paid or not, should be registered with the Council Street Trading Team. Any breach of legislation or Street Trading conditions committed by the assistant may have a bearing on the licence.
20. The Council should be informed immediately of any change of named assistant and confirmed in writing within 5 working days.
21. Restrictions on child employment; A licensed street trader shall not employ any child, whether paid or not, in the business of street trading, including the putting out or stocking of receptacles, clearance of refuse, attending a site or any related activity. ‘Child’ means a person who is not over compulsory school age. A person shall be deemed to be over compulsory school age as soon as they have attained the age of sixteen years.

Conditions relating to the trading area, times, commodities, attendance and so on

22. Trading shall take place only in the street and/or designated position specified on the licence.
23. The trading area shall not exceed the dimensions specified on the licence or any stall limits marked on the ground unless otherwise agreed in writing by the Council. No goods or other articles whatsoever shall project beyond or be placed alongside or around the extremities of the designated pitch area.

24. Licensed street traders shall only trade between the hours specified on the licence or the times noted in these conditions and may only trade on the days specified.

    Note: Trading times include setting up and packing away stalls. Any trader wishing to trade outside these times must make an application in writing to the Council.

25. Only commodities agreed at the time of licensing or subsequent changes of commodities agreed by the Councils Officer Panel and listed on the licence shall be offered for sale or displayed on the receptacle.
26. No stalls of an auctioneer nature will be allowed to trade on any market.
27. No advertisement shall be displayed on the licensed pitch, which relates to any goods, commodities or services other than those offered for sale or provided on that pitch unless otherwise agreed in writing by the Council’s street trading team; obtaining separate planning permission does not constitute as permission from the street trading team.
28. No substances, sprays, potions or liquids may be sprayed, placed or used except in a suitable container placed within the confines of the stall and then only to promote goods being sold. This does not apply to cleaning substances made specifically for and being used for cleansing purposes.
29. Traders shall always display a notice indicating the licensed pitch number of the receptacle. This notice shall be kept prominently and permanently exhibited on the receptacle together with the name or business name of the trader.
30. Licensed Street Traders shall be in personal attendance at their pitch for the majority of their trading time. The majority of the time is defined as 60% of the time the pitch is in operation on each trading day. At all other times the stall may only be operated by an assistant registered with the Council.
31. If a licensed trader operates more than 1 trading pitch in the borough then the 60% will be equally split between the number of sites on a pro-rata basis.
32. Any licensed trader who is absent for a period greater than the 60% attendance requirement must notify the Council in writing, to advise them of the periods and purpose of their absence. The Council reserve the right to withdraw a licence if a trader is found to be in beach of this condition.
33. No sub-letting or sale of a licensed trading location is permitted. Pitches trading in certain location are expected to trade in their designated location as specified on their licence.

Receptacles

34. Only receptacles approved in writing by the Council shall be used. Any receptacles provided by the Council must be kept in good repair, and any damages to the receptacles may be chargeable to the licensee.
35. A licensed trader shall not permit any awning or roof of his receptacle to project over the footway, unless approved in writing by the Council. No receptacle shall have any attachments likely to cause damage to the street.
36. No receptacle shall be connected physically in any matter with any other receptacle or premises or street furniture or such like without the prior written consent of the Council.
37. Traders shall notify the Council’s street trading team and other relevant Council departments/section in writing of any change of address or addresses at which the receptacle and any perishable goods are stored. Such notice shall be given within 7 days of the change.
38. Planning permission may be required for any kiosk or receptacle. It will be the responsibility of the trader/prospective trader to obtain this.

Removal of receptacles

39. A licensed street trader shall immediately remove the receptacle and goods for so long as may be necessary if required to do so by a Police Officer or an authorised officer of the Council, in the event of an emergency, or in the exercise of any of their powers and duties.
40. A licensed street trader shall remove the receptacle and goods at the end of each trading day with the exception of those receptacles that have written consent from the Council to remain overnight on the designated pitch or other agreed location. Any receptacle left without permission may be removed and a fee charged for removal and storage; as detailed in the street trading fees and charges.

Power and other services

41. A licensed trader shall ensure that any connection for the purposes of supplying electric light/power shall be readily detachable; any electric cable that is to be suspended above the public highway shall have a minimum clearance of 2.6m (8′6″) from the footway and 5.1m (18′6″) from the carriageway.
42. No electrical installation shall be made without receiving written consent from the Council.
43. All electrical wiring and components shall comply with the current legal requirement. A portable appliance test certificate shall be submitted to the Council on the renewal of licence each year. An existing licence will be suspended if the licence holder is unable to produce evidence of their valid portable appliance test certificate upon request.
44. If the Council need to have any appliance tested, a fee as set out in the annual fees and charges will be charged to the trader.
45. Electricity provided by the Council shall, except with the written consent of the Council, be used only for the purpose of lighting; the operating of electrical scales and tills; the operating of credit card authorisation machines and the testing of low wattage electrical goods.

Note: fires and heaters of any description are not permitted.

46. Hot food operators will be allowed to operate a reasonable number of electrical appliances however there may be a limit on power that they will be able to use.

47. Any fault to electrical equipment or power supply shall be reported to the Council immediately.

    Note: A licensed street trader will be held liable for any damage to any installation provided by the Council for the purpose of supplying electricity if it is shown that such damage was caused by their actions or neglect.

48. Mobile electrical generators, portable heating appliance (e.g. braziers) or liquefied petroleum gas or other services shall not be used without the written consent of the Council.
49. All refuse, scraps, waste material, litter or rubbish arising from the business to be contained in suitable containers within the designated pitch or in containers supplied by the Council.
50. Failure to comply with the control of waste may result in the trader being liable for prosecution. i.e. being issued with a fixed penalty notice (F.P.N.) and/or, revocation of licence.

Use of vehicles

51. A licensed trader shall not leave his vehicle in the street in which he trades, or in streets nearby apart from in approved parking spaces such as meter bays, except for the purpose of loading and unloading goods or where the vehicle is the authorised licensed trading receptacle from which the trade is carried out e.g. food van or trailer.
52. Loading and unloading shall be carried out as quickly as possible and the vehicle removed immediately on completion to an approved parking place.
53. A licensed trader shall not permit vehicles used in connection with the licensed pitch to be in the vicinity of the trading area for loading/unloading or other purposes during trading hours.

54. A licensed trader shall not permit parked vehicles to obstruct exits (including those from adjacent buildings), aisles or access to safety equipment.

     

55. Note: The possession of a street trading licence does not confer any special rights for use of a vehicle, and in particular does not exempt the licensed street trader from the requirements of parking and/or traffic regulations currently in force.

Noise

55. Traders shall not use or permit amplified music or other equipment to be used except in connection with the sale of the licensed commodity and then only at the level determined by the Council so as not to cause nuisance to residents, traders or businesses nearby.

Insurance

56. A licensed street trader shall be responsible for holding appropriate insurance sufficient to cover any potential claims. Satisfactory evidence of such insurance shall be produced on request by a street trading officer, and a licence will not be granted or renewed without such evidence. An existing licence will be suspended if the licence holder is unable to produce evidence of their valid insurance upon request.

National Insurance Number

57. A licensed street trader and named assistants shall provide a National Insurance Number and satisfactory evidence that the number given was issued to them. Temporary National Insurance Numbers are not acceptable.

Licences payments

58. If you are in arrears of more than 4 weeks you will be invited to attend an Officer Panel. Failure to attend an Officer Panel may result in your licence being revoked.
59. New traders will have the option to either pay 3 months licence fees upfront or make 1 month payment and sign up to a direct debit for the remaining fees for the duration of the current trading year.

Notes attached to conditions

1. Any person who contravenes any of the conditions of a licence may be guilty of a criminal offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2. Persistent failure to comply with these conditions will lead to the licensed trader appearing before an Officer Panel where consideration will be given to the revocation of the licence.
3. Where a person employed by a licensed street trader as an assistant fails to comply with these conditions in the absence of the licensed street trader, the licensed street trader will be held responsible.
4. The Council reserves the right to waive or vary any of these conditions where in any particular circumstance it is deemed appropriate to do so.
5. Where a licensed Street Trader wishes to have any of the terms of a licence varied, application must be made in writing to the Council.
6. Where a licensed street trader wishes to surrender their licence they must do so in writing to the Council providing one month’s notice. Failure to do so may result in an administration charge of up to 1 months licence fee.
7. All new traders will initially be issued a temporary licence of no longer than 6 months.

Information about the Lodgement of Street Trading Licences in Circumstances of ill Health or Carers Leave

60. Licence charges will be payable for the first month of a period of certified sickness.
61. A medical certificate must be submitted weekly or monthly where there is a long period of illness. Medical certificates will not be accepted retrospectively.
62. A licensed street trader after a period of 1 month of certified sickness may deposit his/her street trading licence with the Council until she/he recommences street trading. No licence charges will be payable whilst the licence is deposited with the Council.
63. No licence deposited with the Council will be returned unless a doctor’s medical certificate of fitness is submitted to the Council.
64. In the event that illness prevents a licensed street trader from trading, provided that conditions 60 to 62 are complied with, the Council may, upon application in writing from the street trader, permit a named assistant to run the business during his/her absence.
65. The Council will review absence of the licensed street trader on account of certified sickness, after 3 consecutive months of absence. At the time of the review a decision will be taken on whether the lodgement will be allowed to continue. If a decision is taken that the lodgement will not be allowed to continue the trader will be notified of the date on which the lodgement ceases. At that time if the trader is unable to or does not return to trade the pitch will become vacant.
66. Where a licensed street trader is unable to attend their stall(s) as a result of having to provide care for a dependant, it may be possible to exempt that trader from personal trading for a maximum period of 3 months, provided that written application is made to the Council supported by medical evidence.
67. Where the Council has granted carer’s leave the trader may make use of an assistant to run the business during their absence. In cases such as these the licensee is still obliged to pay his/her street trading fees.
68. A licensed street trader who is an expectant mother may utilise the lodgement provisions provided for in Conditions 60 and 63 for a period of six months or alternative period agreed by the Council.

Fees and charges

69. Street Trading fees and charges are reviewed annually and approved by the Council. Details of annual fees and charges are available on the Council website.
70. Fees are payable in advance in the approved manner as indicated on the invoices. It is the responsibility of the trader to ensure their account is up to date at all times.
71. A trader who falls behind in payments may be required to set up direct debits on their account.
72. Traders who fall more than 5 weeks in arrears with their licence fees will be charged an administration fee as published in the Councils fees and charges document.
73. Traders called to an Officer Panel for breach of licence conditions or for licence arrears will be charged an administration fee as published in the Councils fees and charges document.

Use of Casual or Neighbouring Pitch tickets

74. Tickets are not transferable and may only be used by the trader whose details appear on the receipt within the book.
75. Individual tickets not attached within a book will not be accepted.
76. Neighbouring pitch tickets are not available for use on Sundays unless otherwise specified.
77. Traders will be allocated a pitch by a street trading officer and must not set up prior to such allocation.
78. No more than two neighbouring pitch tickets can be used on any one occasion.
79. Reduced priced tickets are only available at the markets indicated on the tickets.
80. The purchasing of tickets does not guarantee a trading pitch or location.
81. Changes to the use of tickets may be made by the Council during peak trading times i.e. Easter and Christmas.
82. Neighbouring pitch tickets are not available for use in Inverness Street or Eton Avenue markets.
83. Neighbouring pitch tickets may be withdrawn in any market by an officer from the Council.
84. Casual traders are not allowed to sell any food unless written consent has been given by the Council.

Forecourt Trading

85. Prospective traders will need to complete a street trading licence application form which needs to have included proof of identity and public liability insurance before a licence will be issued.
86. Before a licence is issued, an original written agreement from the owner of the property must be provided to the Council, agreeing for the trader to use the forecourt area for the period of the licence.
87. The licence will cease to be valid upon notification to the Council by the owner/occupier of the shop to which the forecourt belongs that the agreement has ceased.
88. The trader must at all times remain within the forecourt area as described within the agreement and comply with all other applicable conditions described herein.

Temporary Licences

89. Temporary licences will only be issued in accordance with the Temporary Licence Procedures and in accordance with Section 31 London Local Authorities Act 1990 as amended and the London Local Authorities Act 2012.
90. The trader must at all times remain within the area as described within the agreement and comply with all other applicable conditions described herein.
91. A temporary licence issued prior to designation being completed will cease to be valid if a designation consultation is later carried out and committee members have decided that the area applied for is not suitable for designation.
92. A temporary licence may be withdrawn at any time if any breach of licence conditions take place or a change in circumstance with regard to the location for which it has been issued has taken place making that place no longer suitable.

Setting up and closing down

93. Any trader not in occupation by the time the market is ready to trade may forfeit their right to trade from the fixed position to which their licence refers, at the discretion of the Council Officer on duty.
94. Where there are Traffic Orders in place within the vicinity of a street market, traders are to comply with timings set out in the order in respect of access, waiting and unloading of vehicles.
95. Street Traders vehicles shall be removed from the trading area and parked on a trader bay or other legal parking place.
96. Casual traders will be issued a pitch by a Council Officer and shall not set up on any other pitch.
97. The electric supply from bollards provided by the Council shall be used solely for the use of lighting, refrigeration and the operation of electronic weighing equipment. Faults shall be reported to a Council Officer.
98. Street Traders shall ensure that electricity bollard supply covers and water points are secure at the close of each trading day.
99. The size of the trading area shall not exceed the pitch markings or the area advised by a Council Officer.
100. All equipment and stalls to be removed from the market at the end of the designated hours for the trading day.
101. Timings for traders to set up stalls and have vehicles vacate the trading area are:

     	Commence setting up by	Ready to trade and vehicles removed by	Vehicles allowed to return from	Casual traders in attendance by	Casual traders ready to trade by
     Chalton Street	9.30am	10am	3pm	10am	10.30am
     Earlham Street	10.30am	11am	n/a	11am	11.30am
     Goodge Place	10am	11.30am	n/a	n/a	n/a
     Inverness Street	9.30am	10am	4pm	10am	10.30am
     Leather Lane	10am	10.30am	2.30pm	10am	11am
     Plender Street	9.30am	10am	n/a	10am	10.30am
     Queens Crescent	9.30am	10am	2.30pm (Thur) 3pm (Sat)	10am	10.30am
     Swiss Cottage (Eton Avenue)	8am	10am 11.30am (Sun)	3pm	9am 10am (Sun)	10am 11.30am (Sun)

Eton Avenue—special conditions

102. Street Traders shall have closed down and all stalls must be removed from the market by 6.00pm Monday to Saturday and by 5.00pm on Sundays.
103. There will be a maximum of 30 stalls on each day except for weekends when there will be a maximum of 40 stalls each day. On weekdays no pitches will be placed adjacent to the Central School of Speech and Drama (C.S.S.D.) and at weekends a maximum of 8 pitches will be sited adjacent to the CSSD frontage adjoining the Avenue Road Access Point.
104. Any trader using a refrigerated unit will be placed adjoining the Avenue Road Access Point on the pitches furthest from the CSSD.

Breach of Licence Conditions

105. Traders receiving 25 penalty points within a rolling twelve-month period will be invited for an interview with the street trading team panel at which time consideration will be given as to whether special conditions should be attached to their licence or whether their licence should be revoked. Details of Breach of licence penalty points are documented in Appendix 1.

     Note: Irrespective of any breaches of licence conditions, traders should be aware that licences can be revoked under grounds specified in section 28 of the London Local Authorities Act 1990 (As Amended).

Commodities Regulation

106. Licence holders may trade up to three commodities from one category on their street trading Licence. Full details of category/commodities in Appendix 2.
107. Existing traders will retain their current trading commodities for the 2015–2016 licensing year, subject to approval. Requests for commodity variation must be made in writing to the Markets Team to be assessed.
108. Seasonal event commodities (e.g. Christmas trees) will not be one of the commodities on the regular licence, but can be added for a period of 6 weeks on grant of a temporary street trading licence, upon receipt of a written request to the Council.

Appendix 1, London Borough of Camden-Breach of Licence Conditions (Applicable From 1 April 2015)—Code Narrative of Breach Penalty Points

Traders receiving 25 penalty points within a rolling twelve-month period will be invited for an interview with the street trading team panel at which time consideration will be given as to whether special conditions should be attached to their licence or whether their licence should be revoked. Traders should note that an administration charge as advertised in the Councils fees and charges will be levied against any trader being called to such an officer panel. In exceptional circumstances the panel can waive this administration charge. Serious breaches of the licence conditions may result in legal action under Section 34 of the Act.

If convicted at court this could result in a fine of up to £1000 per breach and be followed by revocation of the street trading licence. Appeals against penalty points issued should be made in writing to the Council. The appeal will be heard before an officer panel for consideration and the trader notified of the outcome of the appeal. Where the Council considers that a serious breach of any street trading licence condition has taken place the trader responsible for the alleged breach may be asked to attend an officer panel hearing notwithstanding the above penalty point system.

Appendix 2—Commodities Regulation

Regulations made by the Council pursuant to Section 27(7B) of the Act prescribing the Procedure for Determining Applications

1. All types of commodities, which are not prohibited by the London Local Authorities Act 1990 to 2012 Part III Food Safety Act 1990, Consumer Protection Act 1987, or the Trade Descriptions Act 1968, are eligible to be licensed in Camden markets.
2. Commodities are divided into categories: Licence holders may trade up to three commodities from one category on their street trading Licence (Existing traders will retain their current commodities but should a request for commodity variation be made, they will comply with this regulation. Only the licensed commodities must be displayed or offered for sale.
3. All requests for Commodities will be considered by an officer panel on a case by case basis where it is outside of this regulation.
4. The licensed commodities must be specified, on the trader’s Licence/Pitch Card, which must be displayed on the stall at all times.
5. Commodities rules apply to both permanent licence holders and casual traders.

Note: seasonal event commodities (e.g. Christmas trees) will not be one of the commodities on the regular licence, but can be added for a period of 6 weeks on grant of a temporary street trading licence, upon receipt of a written request to the Council.