Street Trading

Introduction

Under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, Tendring District Council has resolved to control Street Trading within its boundaries. As such Tendring District Council designated The Quay and Barrack Lane, Harwich and The Walls, Mistley and certain parts of Clacton Town Centre as Consent Streets i.e. Consent is required prior to trading taking place. Street Trading is defined under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 as meaning "The selling or exposing or offering for sale of any article (including a living thing) in a street". A 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;

A consent street means a "street in which street trading is prohibited without the consent of the district council" and a prohibited street means "a street in which street trading is prohibited". A street trading Consent is not the same as a Pedlars Certificate and which can be obtained from the local Police Authority in whose area you reside. A Pedlar is defined under the Pedlars Act 1871 as meaning "any hawker, pedlar, petty chapman, tinker, caster of metals, or other person who, without any horse or other beast bearing or drawing burden, travels and trades on foot and goes from town to town or to other men's houses, carrying to sell or exposing for sale any goods, wares, or merchandise, or procuring orders for goods, wares, or merchandise immediately to be delivered ". Pedlars Certificates cannot be used to statically trade from one pitch or location as a street trader or market trader may do. The following link will take you to a full list of all designated Prohibited and Consent Streets in the Tendring Area. Prohibited and Consent Streets List - Tendring District. It is an offence under paragraph 10 (1)  of schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 if a person carries out the following -

• Engages in street trading in a prohibited street, or
• Engages in street trading in a licence street or a consent street without being authorised to do so under this schedule.

This prohibited and consent list is comprehensive and self explanatory and the Licensing Service is unable to offer any further advice or help on these matters beyond the information given on this web page. This information does not constitute legal advice and you are advised to seek your own advice should you disagree with it.

For sites situated at The Quay and Barrack Lane, Harwich and The Walls, Mistley

Before you are able to start trading at any of the above sites you are required to check with the Licensing Office at Tendring District Council that the site you are interested in is available.

If the site is free you will need to complete a Street Trading Consent Form and return with the fee of £567.00 together with 2 passport sized photographs of all persons who will be working at the designated pitch and return this to The Licensing Office, 88-90 Pier Avenue, Clacton on Sea, Essex, CO15 1TN

You will also need to apply to the Environmental Services team at Tendring District Council to register the vehicle to sell food/drink and to obtain a Health and Hygiene Permit.  This will need to be done 28 days before the date you wish to commence trading.

If you wish to apply for a Street Trading Permit you can download the relevant information and forms by clicking on the links below.

Street Trading Form

Prohibited Streets List - Tendring District

Apply Online - It is advised that you contact the Licensing Section first to ensure that a pitch is available to apply for.

Site situated at Dovercourt Market

Before you are able to start trading at this Market you are required to check with the Harwich and Dovercourt Partnership (Tel: 07926 359 316, David Appleby) that a site is available.

If the site is free you will need to complete a Street Trading Application Form and send this with the fee of £80 (made payable to Tendring District Council) to the Harwich and Dovercourt Partnership for approval.  This form, together with the fee will then be forwarded to the Licensing Section for processing.

Dovercourt Market Form

Applications are usually dealt with within 2 weeks of receipt of a full application.  In very exceptional circumstances the deadline may be required to be extended, you will be notified of the new deadline and the reason for extending it.

Immigration, Asylum & Nationality Act 2006

To comply with the Immigration, Asylum & Nationality Act 2006 this Council is required to check your eligibility to live and work in the UK.  You will be required to confirm that you are able to live and work in the UK and that on request, you will be able to provide evidence of this.

Will Tacit Consent Apply?

No. It is in the public interest that the authority must process your application before it can be granted.