APPLICATION NOTES FOR
STREET TRADING CONSENT
OR LICENCE
EAST AREA
GENERAL
Street trading is controlled under the Local Government (Miscellaneous
Provisions) Act 1982.
A Council may designate any street in its area as a prohibited street, a consent
street or a licence street.
This therefore means that a consent/licence is required in order to trade in a
consent/licence street. Trading in a prohibited street is forbidden.
The licensing authority has designated a number of streets as either prohibited
streets or consent/licence streets. A copy of the designations accompanies this
leaflet.
DEFINITION
Street trading means the selling or exposing or offering for sale of any article
(including a living thing) in a street.
Street includes any road, footway, beach or other area to which the public have
access without payment and a service area as defined in section 329 of the
Highways Act 1980 and also includes any part of a street.
EXEMPTIONS
Pedlars - Pedlars operate under the Pedlars Act 1971 and must obtain a Pedlars
Certificate from the Police. Pedlars are people who sell from place to place and
cannot sell from a fixed pitch; they must move around and not wait for
customers to come to them, they cannot stand in any one place for a
considerable time nor can they exhort those passing, to buy their goods. Pedlars
can carry their goods and can use a wheeled trolley to transport them.
Hair braiding, face painting, henna tattoos etc. - The Act which governs street
trading relates to the selling of articles and as such people who provide a service,
e.g. hair braiders, are not considered by the council to be trading for the
purposes of the legislation. However, if quantities of accessories used in hair
braiding are also offered for sale then this would be street trading and may
require a street trading consent/licence.
Persons providing services in the street should take care not to cause any
nuisance or obstruction as this could result in the Police or another authority
taking action.
News vendors/selling periodicals, e.g. Big Issue - Selling or offering for sale
newspapers or periodicals either with or without a stall does not require any
consent or licence, however if the stall stands on the carriageway of a street, it
must be less than 1 metre in length and width, less than 2 metres high and
occupy less than 0.25 square metres of ground. Stalls larger than this may
require consent or a licence.
Roundsman - Selling, offering or exposing for sale things as a roundsman does
not require a consent/licence to trade.
Charity stalls - Street trading consent/licence is not required but they will require
a Street Collection Permit authorised by Regulations made under the Police,
Factories etc. (Miscellaneous Provisions) Act 1916.
Markets/fairs – Street trading consent/licence is not required for trading at
market or fairs which are established by virtue of a grant, enactment or order.
Streets adjoining premises – Street trading consent/licence is not required for
premises used as a shop or in a street adjoining premises so used and as part of
the business of the shop.
APPLICATION PROCEDURE
Please read the Council's street trading conditions, before making an application.
An application form is attached.
The form should be completed and returned to the appropriate area licensing
section i.e. East area.
For each application received we may consult the Police, Environmental Health
Service, Property Service, Tourism Service, Highways Service, the appropriate
Community Network/Ward Members, the appropriate Town/Parish Council and
the appropriate Chamber of Commerce.
When considering your application the Council will have regard to any comments
that have been received as part of the consultation process and will also take
into account the street trading conditions and any council adopted policy.
Should objections be received in relation to your application you will be notified
accordingly.
The application process may take up to eight weeks.
Your application may be referred to the council's licensing committee for a
decision. Applicants will be invited to attend.
Applicants refused permission to trade are sent a formal notice of refusal (giving
a reason for the decision).
Applicants granted permission to trade, are advised in writing and when the
exact trading dates and fees have been agreed a street trading consent/licence is
issued.
For details of the current street trading fees, please contact the council's
licensing service. Fees are updated on 1 April each year.
Please note:If you wish to employ additional persons to trade (other than yourself)
they will have to submit an application for 'street trading authorisation'
to the council.
A consent/licence holder - is responsible for ensuring conditions of
"consent/licence" are complied with at all times and may be held liable under this
and other legislation.
An individual authorised trader working under the benefit of a consent/licence
holders street trading consent/licence, may be individually liable under this and
other relevant legislation.
RENEWALS
Subject to no substantiated complaints being received regarding the manner in
which they had conducted their business, priority will be given to existing street
traders renewing street trading consents/licences.
Street trading consents/licences are renewable annually before 31 December.
ONE OFF LOCAL EVENTS AND MARKETS
Applications for street trading consents/licences of a limited duration and for
specific events and markets, for example Christmas late night shopping, farmers
markets, Made in Cornwall craft fairs, French and continental markets etc. are
considered independently from annual/seasonal applications and specific
conditions apply to such consents.
Applicants should first obtain permission from the relevant market/event
organiser to be included with their event. Once permission has been obtained
from the relevant organisers, application for consent to trade can be submitted
to the licensing section. There is a reduced fee payable for market/event
traders.
FOOD TRADERS
1. A comprehensive range of times on site will be required for those applying
for a consent lay-by. However, with regard to Clicker (A38) Westbound
there is a maximum trading time per day as detailed below:
Clicker (A38) Westbound
Easter to 31 October each year
8am to 6pm each day of the week (including Sundays)
1 November to Easter each year
8am to 5pm Monday to Saturday (no Sundays)
2. Sanitary facility to be provided should be of the portable type and should
include a hand washing facility.
3. Any vehicle must comply with the food hygiene regulations and be
aesthetically presentable. This must not be left on the trading site
overnight.
4. The CIEH Basic Food Hygiene Certificate or an equivalent nationally
recognised certificate of competency in food hygiene should be held by
any person or persons serving and preparing food.
5. The applicant must demonstrate how he/she intends to keep the trading
site in a tidy condition and free of any litter.
6. The applicant should not possess any convictions relating to food hygiene
offences or for defaulting on payments in connection with street
consent/licences previously held.
7. Any vehicle should display a valid certificate of compliance with the Food
Hygiene Regulations issued after a routine inspection by an Environmental
Health Officer.
More information on the above, is available from the 'Environmental
Health' Section of the Public Health and Protection Service.
CRITERIA AND POLICY ISSUES - EAST CORNWALL
For details of any policies etc in force in this area, please contact the licensing
section.
Information concerning maximum stall/vehicle sizes is available from the
licensing section. The maximum stall size must be agreed in writing by the
licensing authority.
OFFENCES AND PENALTIES
It is an offence to trade in a prohibited street, to trade in a consent street
without having first obtained consent/licence, to breach certain conditions
attached to a consent/licence or to make a false statement. Any person found
guilty of these offences can be fined for each offence.
MORE INFORMATION
Application forms and a copy of the enforcement policy for Public Health &
protection can be obtained direct from the licensing section, or the council’s
website. The licensing section may also be contacted on 0300 1234 212
DISCLAIMER
This document is not issued as legal advice. The purpose of the document is to
provide useful information in relation to the licensing of street trading within the
east area of Cornwall. You are obliged to seek your own independent legal
advice where appropriate.
Cornwall Council – East Cornwall areas where street trading consent
is required
There is one licensed lay-by on the A39 (N) at Redgate, near Camelford, and a
second licensed lay-by at Two Bridges.
There are licensed lay-bys at :




Clicker A38 Westbound
St Ive A390 Eastbound
Dupath A388 Southbound
Ellbridge A388 Northbound
Cornwall Council – East Cornwall areas where street trading is prohibited
It is an offence to trade in any Prohibited Streets2 (including associated laybys,
footways and roadside verges) identified as follows:
Principal Roads
(as listed)
Liskeard
"
Torpoint
"
Saltash
"
Polperro
"
Callington
"
Looe
"
SALTASH
Albert Road
Alexandra Road
Belle Vue Road
Fore Street
Glebe Avenue
King Edward Road
Lower Fore Street
North Road
Station Road
Victoria Road
Wesley Road
Callington Road from Fore Street to Liskeard Road
St Stephens Road from Fore Street to Beatrice Avenue
POLPERO
Big Green
Fore Street
Landaviddy Lane
Lansallos Street
Little Green
Little Laney
Mill Hill
Quay Street
Roman Bridge
Saxon Bridge
Talland Hill
Talland Street
The Coombes
The Warren
Market Square
Moonsfield
New Road
Pengelly
St Germans Road
Tors View Estate
Urban Terrace
Valentine Row
Well Street
Westover Road
Zaggy Lane
Hazelwood Road
CALLINGTON
Back Lane
Chantry Park
Church Street
Compton Road
Coronation Road
Fore Street
Trelawney Road
Frogwell Road from Liskeard Road to Haye Road
Launceston Road from Back Lane to South Hill Road
Liskeard Road from Fore Street to the Cemetery
Saltash Road from Back Lane to the Bypass
Tavistock Road from Fore Street to Longfield Close
LOOE
Beech Terrace
Buller Street
Castle Street
East Cliff
Hannafore Road
Higher Chapel Street
Higher Market Street
Lower Chapel Street
Lower Market Street
Lower Street
Marine Drive
Middle Market Street
North Road
Polperro Road
Princes Square
Station Road
The Bridge
Tower Hill
West Looe Hill
West Looe Square
Access roads to Millpool Car Park from Polperro Road
Fore Street in East Looe
Fore Street in West Looe
The area by St Mary's Church
Bridge Road, Seaton
LISKEARD
A390 (repeat length) (Pound Street, Castle Street, Plymouth Road) from its
junction with Greenbank Road, Liskeard (A390) in a south easterly direction to
its junction with A38 (Trunk).
Barras Place
Market Street
Pike Street
Tremeddan Lane
West Street
Lower Lux Street from its junction with Greenbank Road, Liskeard (A390) in a
southeasterly direction to its junction with A38 (Trunk).
Barn Street
Barras Street
Barras Place
Baytree Hill
Cannon Hill
Castle Hill
Castle Lane
Church Street
Russell Street
Fore Street
Greenbank Lane
Greenbank Road
Lower Lux Street
Market Street
New Road
Pike Street
Pondbridge Hill
Station Road
The Parade
Tremeddan Lane
Well Lane
Well Street
West Street
Windsor Place
Dean Street
Harbour Street
Harvey Street
Hawthorne Avenue
Hooper Street
King Street
Macey Street
Marine Drive
Modder Road
Quarry Street
Roseclare Avenue
Rowe Street
Salamanca Street
Sconner Road
Sidney Road
Sparrow Park
St James Road
Tamar Street
Thankes Drive
Waterloo Street
Wellington Street
Well Park Road
York Road
TORPOINT
Adela Road
Albion Road
Barossa Road
Bickern Road
Buller Road
Cambridge Terrace
Carew Terrace
Clarence Road
Elliot Square
Ferry Street
Fore Street
Antony Road from Fore Street to the County Secondary School
Carbeile Road from Trevol Road to Colwyn Road
Goad Avenue from Trevol Road to Trengrouse Avenue
North Road between Antony Road and Kempton Terrace
Sycamore Drive from Trevol Road to Maple Avenue
Trevol Road from Antony Road to Pencair Avenue
PRINCIPLE ROADS
A30 (Trunk) that length which forms a boundary with North Cornwall District
Council.
A38 (Trunk) from the boundary with North Cornwall District to the County
boundary.
A388 from its junction with the A38 (Trunk) at Burraton to the boundary with the
North Cornwall District.
A390 from the junction with A38 (Trunk) at Dobwalls to the boundary with the
Borough of Restormel.
A390 from the junction with A38 (Trunk) at Moorswater to the county boundary.
N.B. The layby at Clicker (Westbound) on the A38 trunk road has been
designated a Licensed Street under the provisions of Paragraph 2 of
Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982.
It is an offence to trade here, except for traders who have been
specifically granted a Street Trading Licence for this layby under the
provisions of paragraph 3 of the aforementioned legislation.
OTHER AREAS
Padstow - the area around the Harbour, including South Quay, The Strand, North
Quay, and North Parade, have been designated as prohibited streets under the
Fourth Schedule of the Local Government (Miscellaneous Provisions) Act 1982.
Street Trading is prohibited in these areas. A map is available on request.
Polzeath - the beach, the road, and an area of land opposite the beach, have
been designated as prohibited streets under the provisions of the Fourth
Schedule of the Local Government (Miscellaneous Provisions) Act 1982. Street
Trading is prohibited in these areas. A map is available on request.