If you intend to sell or offer for sale any item in the street within Monmouthshire you may require street trading consent. Burger vans, Ice Cream vans and temporary stalls all require a street trading consent.
All streets in Monmouthshire including private land are ‘consent streets’ and anyone who wants to sell items in a street must first obtain a street trading consent if you are not trading under one of the exemptions listed in the Act.
The definition of “street” in relation to “street trading” includes any road, footway, beach or other area to which the public have access without payment.
What is exempt from street trading?
You will not need a street trading consent if you carry out the following:
- Trading by a person acting as a pedlar under the authority of a pedlar’s certificate. Pedlar’s Certificates are issued by the police, not the council
- Anything done in a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of an enactment or order
- Trading in a trunk road picnic area provided by the Secretary of State under Section 112 of the Highways Act 1980
- Trading as a news vendor
- Trading which (i) is carried on at premises used as a petrol filling station; or (ii) is carried on at premises used as a shop or in a street adjoining premises so used and as part of the business of the shop
- Selling things, or offering or exposing for sale, as a roundsman
- The use for trading under Part VIIA of the Highways Act 1980 of an object or structure placed on, in or over a highway
- The operation of facilities for recreation or refreshment under Part VIIA of the Highways Act 1980
- The doing of anything authorised by regulations made under Section 5 of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916
Frequently Asked Questions in relation to Street Trading
Q- I have been invited to trade at an organised event, do I need street trading consent?
A- It depends if members of the public have access to the event without payment. A free entry event will always require street trading consent. If people pay to enter the event no consent is required. If it’s a free entry event, do not assume the organisers have permission please check with the licensing section.
Q- How do apply for street trading consent on private land?
A- For private land you will need to provide written permission from the land owner with the initial application form. The land owner may charge you a separate fee to rent the pitch.
Q- I want to trade in a lay-by are there any set/approved pitch available in Monmouthshire?
A- Monmouthshire do not hold a list of available trading locations, each application is treated on it’s own merits however for safety reasons a lay-by with a clear separation from the highway is more favourable so customers are not stood on the roadside.
Q- Can I apply for the picnic site on the A449 near the Monmouth Tunnels?
A- This area is a Trunk Road Picnic area maintained by the Welsh Assembly Government therefore Monmouthshire do not accept applications for this site.
Q- I want to apply to sell hot food late at night from my burger van, do I need any other permission?
A- Yes if you intend to sell hot food or drink from 11pm to 5am you will also require a Premises Licence under the Licensing Act 2003 with the Street Trading Consent. Both application fees will apply.
How do I apply for a Street Trading Consent?
View the Street Trading Policy to help us deal with applications quickly and to also allow you to know at an early stage whether your application is likely to be supported.
There are four types of street trading consents available, as follows:-
- Day Street Trading Consent (one trader)
- Block Day Street Trading Consent (multiple of traders)
- Annual Street Trading Consent (one trader)
- Block Annual Street Trading Consent (multiple of traders)
The fee for the applications;
Day Street Trading Consent – £51
Block Day Street Trading Consent – £149
Annual Street Trading Consent – £478
Annual Block Street Trading Consent – £784
Apply on-line for an Application for a Street Trading Consent.
What happens next?
Providing no representation is made against the consent, the consent is granted. We may inspect the location of the proposed consent before the application is considered. Each application is treated on its own merit and we have the right to defer the matter to the Licensing and Regulatory Committee for a decision. There is no right of appeal on the decision made by the Committee.
To Renew Your Street Trading Consent.
Once your Street Trading Consent (except the one off day consents) has been granted it will last for a period of 1 year. You will be required to renew the consent before the consent expires.
The fee to renew the Street Trading Consent;
Annual Street Trading Consent – £350
Annual Block Street Trading Consent – £493
Apply on-line for an Application to Renew the Street Trading Consent.
To change the name and address details of the Street Trading Consent Holder
You can apply on-line to change the name and address details of the Street Trading Consent Holder. The fee to change these details are £25.
To surrender the Street Trading Consent
If you no longer wish to trade you can notify the issuing Authority on-line to surrender the Street Trading Consent.
Alternatively you can contact the Licensing Section for an application form.
This authority is under a duty to protect the public funds it administers, and to this end may use the information you have provided for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes. For further information, see NFI information on MCC website
Contact the Licensing Team:
Licensing Section, County Hall, The Rhadyr, Usk NP15 1GA.
licensing@monmouthshire.gov.uk
01873 735420