The Local Government (Miscellaneous Provisions) Act 1982 enables councils to control street trading by classifying streets as:
- licensed street
- prohibited streets
- consent Streets
We have resolved to adopt the 'consent' status to regulate trading activities for all streets. This is a simpler, more effective means of control - consent streets are defined as 'a street in which Street trading is prohibited without the consent of the council', where street means '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 application unless we are satisfied that:
- you are at least 17 years of age (no child can be employed or engaged in street trading by their parents as per Section 20 of the Children and Young Persons Act 1933)
- you have submitted your application in writing
- your proposed trading location will not conflict with our adopted policy guidelines.
To clarify, a street trading consent would not be required for:
- a pedlar - 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 - 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. A 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 - a separate authorisation must be obtained from this service
- 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 may need to obtain planning permission or the express permission of the council (as landowner) if we own or are responsible for the land.