Paragraph 7

(1)

An application for a street trading consent or the renewal of such a consent shall be made in writing to the district council.

(2)

Subject to sub-paragraph (3) below, the council may grant a consent if they think fit.

(3)

A street trading consent shall not be granted—

(a)

to a person under the age of 17 years; or

(b)

for any trading in a highway to which a control order under section 7 of the M1Local Government (Miscellaneous Provisions) Act 1976 is in force, other than trading to which the control order does not apply.

(4)

When granting or renewing a street trading consent the council may attach such conditions to it as they consider reasonably necessary.

(5)

Without prejudice to the generality of sub-paragraph (4) above, the conditions that may be attached to a street trading consent by virtue of that sub-paragraph include conditions to prevent—

(a)

obstruction of the street or danger to persons using it; or

(b)

nuisance or annoyance (whether to persons using the street or otherwise).

(6)

The council may at any time vary the conditions of a street trading consent.

(7)

Subject to sub-paragraph (8) below, the holder of a street trading consent shall not trade in a consent street from a van or other vehicle or from a stall, barrow or cart.

(8)

The council may include in a street trading consent permission for its holder to trade in a consent street—

(a)

from a stationary van, cart, barrow or other vehicle; or

(b)

from a portable stall.

(9)

If they include such a permission, they may make the consent subject to conditions—

(a)

as to where the holder of the street trading consent may trade by virtue of the permission; and

(b)

as to the times between which or periods for which he may so trade.

(10)

A street trading consent may be granted for any period not exceeding 12 months but may be revoked at any time.

(11)

The holder of a street trading consent may at any time surrender his consent to the council and it shall then cease to be valid.

Annotations

Marginal citations

M1: 1976 c. 57.

Notes on Schedule 4

Modifications

C1

Sch. 4: functions of local authority not to be the responsiblity of an authority's executive (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Sch. 4 applied (with modifications) (21.12.2000) by City of Newcastle uponTyne Act 2000 (c. viii), ss. 3, 4

C2

Sch. 4 applied (with modifications) (28.10.2004) by Medway Council Act 2004 (c. v), s. 4

C3

Sch. 4 applied (with modifications) (11.7.2006) by Leicester City Council Act 2006 (c. ii), ss. 3, 4

Sch. 4 applied (with modifications) (11.7.2006) by Liverpool City Council Act 2006 (c. iii), ss. 3, 4

Sch. 4 applied (with modifications) (11.7.2006) by Maidstone Borough Council Act 2006 (c. iv), ss. 3, 4

C4

Sch. 4 modified (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), regs. 1(2), 45(2)(3) (with regs. 2, 5)

C5

Sch. 4 applied (with modifications) (8.4.2010) by Bournemouth Borough Council Act 2010 (c. ii), s. 4

C6

Sch. 4 applied (with modifications) (8.4.2010) by Manchester City Council Act 2010 (c. iii), ss. 4, 5

C7

Sch. 4 applied (with modifications) (28.2.2013) by Canterbury City Council Act 2013 (c. i), s. 4 (with s. 3)

C8

Sch. 4 applied (with modifications) (28.2.2013) by Leeds City Council Act 2013 (c. ii), s. 4 (with s. 3)

C9

Sch. 4 applied (with modifications) (28.2.2013) by Nottingham City Council Act 2013 (c. iii), ss. 4, 5

C10

Sch. 4 applied (with modifications) (28.2.2013) by Reading Borough Council Act 2013 (c. iv), ss. 4, 5

C11

Sch. 4 restricted (temp.) (22.7.2020) by Business and Planning Act 2020 (c. 16), ss. 7(3)(a), 25(1) (with ss. 7(4), 10)