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Street Trading Licence

LICENCE SUMMARY

If you wish to trade on a designated street in Northern Ireland, you must obtain a licence from your local district council.

Applications must be made in writing and will be subject to a fee.

You must comply with any conditions attached to a licence.


ELIGIBILITY CRITERIA

An applicant must have reached school leaver's age and the application must be made by an individual – not a company.

If the applicant is seeking a permanent, stationary licence, the street that the applicant wishes to trade on must be a street designated to allow street trading.

A list of streets currently designated for street trading purposes can be obtained here or by contacting the Licensing Officer at Derry City and Strabane District Council  Licencing department on 028 71 253 253, or e-mailing: [email protected].


REGULATION SUMMARY

Follow the link to the legislation governing street trading here-

The Street Trading Act (NI) 2001

For the explanatory document to the Street Trading Act follow this link -
Guide to the Street Trading Act (NI) 2001


APPLICATION EVALUATION PROCESS

Applications must include:

  • the name, address and date of birth of the applicant
  • if the applicant wishes to be a stationary or mobile trader
  • details of the street and location of the pitch or the areas the applicant wishes to trade
  • the days and times they wish to trade
  • descriptions of articles, things or services intended to be traded and any item that will be used in connection with the trading
  • storage arrangements for goods and receptacles (stall etc.)

Applicants are required to provide two colour passport size photographs with their applications.

Applicants resident in Northern Ireland must provide AccessNI Basic Disclosure Certificate – if you have a Standard or Enhanced Disclosure, that may be submitted instead if it less than 12 months old.  Information and application form is available at http://www.accessni.gov.uk/

Applicants from outside Northern Ireland should refer to the Guidance Notes and contact the Licensing Officer if they have difficulty in obtaining a criminal record disclosure.

Applications to vary a condition must specify how the applicant wants the condition to be varied.

A council must give written notice of its decision within a reasonable time.

A council will grant an application unless there are grounds for refusal.
Grounds for refusal are:

  • the applicant is not eligible
  • the application is to trade in a place that would breach the law
  • the applicant wishes to trade as a permanent stationary trader in a street that is not designated to allow street trading, or the article, thing or service to be offered is prohibited by the designation
  • the location is unsuitable
  • the space or area proposed is not suitable for the applicant or would interfere with people and vehicles
  • there are already enough street traders in the street or adjoining the street proposed selling services, articles or things the applicant proposes to trade
  • the types of services; articles or things proposed to be traded would adversely affect the area proposed
  • the applicant has provided false information
  • the applicant is unsuitable to hold a licence
  • the applicant has failed to carry out requirements of a previous street trading licence
  • the applicant has had a previous street trading licence which was revoked pr could have been revoked through failure to pay fees
  • the applicant has failed to provide information required by the Council
  • the applicant has failed to provide for suitable storage

Application can also be made for a temporary licence, in force for up to seven days, but an applicant cannot have more than five temporary licences in one year.  A temporary licence may be granted for a street which has not been designated.


WILL TACIT CONSENT APPLY?

Tacit consent does apply.


APPLY ONLINE

Apply for a street trading licence

Apply to change your existing street trading licence


FORMS TO DOWNLOAD, PRINT OR POST

Street Licence Application and Guidance Notes:

Application Form, Guidance Pack, Criminal Records Checks


FAILED APPLICATION PROCESS

Please contact Derry City and Strabane District Council in the first instance.

The council will serve a notice of its intention to refuse an application for a licence. Representations can be made in writing to the council within 21 days of the date of the notice.

If the council confirms its decision, an appeal can be made to the local Magistrates court within 21 days of the notice of the decision.

If an application for a temporary licence is refused the applicant can appeal to the local Magistrates court within 21 days of the date of the notice of the decision.


LICENCE HOLDER REDRESS

Please contact Derry City and Strabane District Council in the first instance.
A licence holder may apply to vary a condition attached to a licence. Applications are made to the district council (see 'Apply online').

The council will serve a notice of its intention to refuse an application for variation of a licence, to grant an application subject to conditions, to vary conditions without an application or to revoke a licence. Representations can be made in writing to the council within 21 days of the date of the notice.

If the council upholds their decision appeals can be made to the local Magistrates court within 21 days of the notice of the decision.


CONSUMER COMPLAINT

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.


OTHER REDRESS

Any complaints concerning how a trader operates, including complaints about litter, breach of conditions of licence, noise etc should be made directly to the environmental health department on 028 71 253 253, or by emailing: [email protected]

Advice on noise problems is available in the Department of the Environment leaflet “Bothered by Noise” which is available at-
www.doeni.gov.uk/bothered_by_noise_leaflet_-_13_august_2010.pdf


TRADE ASSOCIATIONS

Many traders are members of the National Market Traders Federation  which provides membership benefits including public liability insurance cover.


CONTACT DETAILS

Licensing Section
Derry City and Strabane District Council
Telephone: 028 71 253 253
E-mail: [email protected]

  • 98 Strand Road, Derry/Londonderry, BT48 7NN
  • 47 Derry Road, Strabane, BT82 8DY