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What are the legal requirements for Street Trading?

The main Act of Parliament covering the control of street trading is Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982. This Act allows us to control street trading in three distinct ways by classifying streets as:

• Licensed street
• Prohibited streets
• Consent Streets

In Portsmouth we have resolved to adopt the "consent" street status for all streets to regulate trading activities. This is a simpler, more effective means of control and is defined as follows:
"Consent Street" means a street in which Street trading is prohibited without the consent of the Council.
and
"Street" includes any road, footway, beach or other area to which the public have access without payment.
We have a general discretion in granting or renewing a consent but we cannot approve your applicatiop unless we are satisfied that:

1. You are at least 17 years of age. (No child can be employed or engaged in street trading by their parents - see Section 20 of the Children and Young Persons Act 1933).
2. You have submitted your application in writing.
3. Your proposed trading location will not conflict with our adopted policy guidelines (shown below).

For clarification purposes a street trading consent would not be required for the following activities:

• A pedlar - although you cannot set up a stall or stop in any one location for a period of time - you must trade as you travel and not travel to trade.
• A market or fair.
• A trunk road picnic area.
• A news vendor - although you must sell only newspapers or periodicals and/or have a stall occupying less than 1 metre in length/width or 2 metres in height. Further, any stall must not stand on the carriageway of a street.
• A roundsman - for example milkmen, coalmen and other persons who go to regular customers.
  A highway amenity for structures on the highway to provide for recreation, refreshment or the production of income - note a licence must be obtained from the City Engineer's Department.
  A charitable street collection.
• Trading carried out at a petrol filling station.
• Trading in and around shops (including in a street adjoining shop premises so used as part of the business of the shop).

We also do not require you to obtain a consent for trading on private land such as a garden, car park or other area where the public are denied general rights of access or have to pay to enter. You might however need to obtain planning permission or the express permission of the Council (as landowner) if we own or are responsible for the land.

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