Street Trading - Illegal

Description

 

Trading Standards ensure prohibited streets in the Barnsley borough remain free from illegal street traders, and that Pedlars Certificates are complied with (enforcement).

Monitoring and regulation of street traders is carried out to ensure that trading is only taking place under licence from the local authority, alongside dealing with reported instances of unlicensed street trading.

All street trading is opposed other than from areas approved by the Council where highway safety will not be impaired. For such sites a trader's licence must be obtained from the Council.

The erection of signs or stalls for the sale of produce within the highway, including grass verges, is illegal. However, produce can be sold from the land on which it is grown, but signs advertising such facilities must be clear of the highway and may require planning permission. Any unlicensed use of the highway for tables and chairs is an obstruction and may be dealt with by the police.

 

Eligibility

 

Any interested party

 

Procedure

 

There are three main types of permission which may have to be obtained before tables and chairs may be placed on a part of the highway.

Planning Permission and Listed Building consent may be required from the Council for the use of the land or building for a cafe. There is a fee for this and planning approval must have been granted before an application will be considered by the Council.

A licence will be required, from the council as the Highway Authority, to put tables and chairs out on a public highway, whether it be on the street or a pavement or a pedestrian area. There is a fee for this, payable before a licence can be issued.

Pedlars certificates can be obtained from South Yorkshire Police (see Helplines).

 

Helplines

 

Regulatory Services, Trading Standards Team: 01226 772532 e-mail: tradingstandards@barnsley.gov.uk

South Yorkshire Police: 01142 202020

 

Charges/Fees

 

Please see related links on the right hand side in respect of fees relating to planning applications or highways

 

Methods of Payment Available

Please see related links on the right hand side.

Opening Times/Locations

 

Opening times and location map, click link for further information.

 

How the Customer Can Help

 

If you would like to enquire about street trading restrictions then you will need to provide details of where the trading is, or is likely to take place. An exact location will be necessary. You may also want to provide details of any relevant pedlars certificates - where and when issued, issue number and so forth.

If you wish to report any activity which you think may infringe street trading restrictions, we will need to know the exact location, how long the trading activity took place for, whether the person concerned was moving about, what items were being sold. It would also be useful to know what was being said by the trader, for example, any patter intended to attract customers. A description of the trader would help.

 

Leaflets

 

There are no specific leaflets, however a list of designated streets is available.

 

Distribution Points

 

The list is available from Trading Standards (see Opening Times/Locations)

 

Response Times/Next Steps

 

We aim to provide a response to enquiries within 3 working days.

 

Owner Officer Contact Details

 

Principal Officer,
Trading Standards,
3rd Floor,
Central Offices,
Kendray Street,
Barnsley,
S70 2TN.

 

Frequently Asked Questions

 

Q What is Street Trading?

A Street Trading is the sale or offer for sale of articles in a street within designated areas.

Areas can be designated by the local authority under 3 categories:-

• Consent - any street trading in a 'consent' area requires permission from the local authority
• Licence - any street trading in a 'licence' area requires a licence from the local authority
• Prohibited - no street trading is permitted in 'prohibited' areas

There are exceptions to the definition of street trading including news vendors, pedlars and shops using their forecourt area as part of the business of the shop.

If you are considering selling articles or services in the street, you should check with the local authority to establish whether or not permission is required, or whether trading is prohibited. If the area is not designated, street trading controls do not apply.

Q What are pedlars certificates?

A Persons acting as pedlars are required to obtain a Pedlars Certificate from the Police to allow them to trade. Persons legitimately trading under a Pedlars certificate are exempt from street trading requirements and are not bound by area designations.

Pedlars can be summarised as persons who:-

• Trades as they travel rather than travels to trade
• Is a seller rather than a mender
• Do not remain stationary for long periods of time
• Would not normally use a stand, or set up goods on the floor or any other surface

The Council is committed to ensuring that street trading does not cause unnecessary nuisance including the identification of persons abusing the advantages of a Pedlars certificate to by-pass existing street trading controls.

Designated Areas: Information on designated areas is available on request from Trading Standards. The areas may be reviewed by the Council at any time, so please ensure that you double check prior to commencing trade in areas believed not to require permission or be designated prohibited.

You can also complete our online form to request advice for  Street Trading Restrictions

 

Related Links:

 

• Planning application costs
• Licence - street cafes

Last modified on 15/9/2008