STREET TRADING POLICY
At its meeting on Thursday 30 January 2020, Derry City and Strabane District Council ratified approval of a Street Trading Policy, which provides a framework for the management of street trading applications, including the procedures that will be followed when determining applications.
The policy is available to view here: Street Trading Policy
If you wish to trade on a street within the Derry City and Strabane District Council area, you must obtain a licence from the council.
There are three types of licence:
- Stationary street trading licences: suitable for those who wish to trade from a stationary position. (Note: these can only be granted where the trading will take place in a street designated for the sale of the items and/or the provision of the services)
- Mobile street trading licences: suitable for those who wish to trade using a receptacle, which is moved from place to place, stopping for a limited time for the purpose of trading
- Temporary licences: which permit street trading for a limited period, for example, at special events such as festivals, fairs and outdoor events. A temporary licence, may permit trading for up to seven, consecutive days, but an applicant cannot be granted more than five temporary licences per year.
Applications must be made in writing and will be subject to a fee and, with the exception of mobile licences, charges.
Licences are issued with conditions, with which the licence holder must comply.
An applicant must have reached school leaver's age and the application must be made by an individual and 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 that have been designated for street trading purposes can be obtained by contacting the Licensing team at Derry City and Strabane District Council on 028 71 253 253, or by emailing: [email protected].
Please note: that the list of designated streets is currently under review.
The legislation governing street trading can be viewed here: The Street Trading Act (NI) 2001
APPLICATION EVALUATION PROCESS
Applications must include:
- the name, address and date of birth of the applicant
- whether 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.)
SUPPORTING DOCUMENTATION REQUIRED
The application must be accompanied by:
- one recent, passport style colour photograph of the applicant
- an AccessNI Basic Disclosure Certificate, issued less than 12 months old prior to the date of application
- written evidence that the applicant has the permission of the landowner and / or the person in control of the land to trade there
Information on how to obtain an AccessNI certificate is available at:
[Applicants from outside Northern Ireland are advised to contact the Licensing Officers if they have difficulty in providing a criminal record check]
Grounds for refusal
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 or 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
WILL TACIT CONSENT APPLY?
Tacit consent does not apply to applications for street trading licences.
It is in the public interest that Council processes an application fully before a trader commences trading.
The Police, DfI Roads Service, local residents, local shops and other street traders have a legitimate interest in the outcome of street trading applications.
We aim to inform applicants of the outcome of their application within 10 working days of the Council decision.
If you have not heard from the Council within a reasonable period, please contact us.
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.
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 NI, Consumerline will give you advice. From other parts of the UK, contact Consumer Direct. From outside the UK contact the UK European Consumer Centre.
Any complaints concerning how a trader operates, including complaints about litter, breach of conditions of licence, noise, etc. should be made directly by contacting the licensing officers on 028 71 253 253, or by emailing: [email protected]
Many traders are members of the National Market Traders Federation which provides membership benefits including public liability insurance cover.
Derry City and Strabane District Council,
98 Strand Road, Derry, BT48 7NN
Telephone: 028 71 253 253
E-mail: [email protected]