Street Trading Act (NI) 2001
Consultation on proposed changes to the streets designated within the district for the purposes of stationary street trading
Background
Derry City and Strabane District Council is responsible for regulating street trading throughout its district, under the Street Trading Act (NI) 2001.
Under the Act, Council may, by passing a designating resolution, designate a street or part of a street in which it may allocate street trading pitches to holders of street trading licences who are authorised to trade as stationary traders. Such a designating resolution may specify the articles, things or services that may be sold or supplied, or the sale or supply of which is prohibited, in that street. Council may also, by subsequent resolution, rescind or vary a designating resolution.
The current list of designated streets were originally designated in 2002. Since that time there have been significant changes to the road network and physical environment and, as a result, some designated streets are no longer considered to be suitable for stationary street trading. In addition, other streets, not previously designated, may now provide suitable locations for such trading.
Why are we seeking your comments?
Earlier this year, Council undertook a review of the designated streets within the district. Consequently, it is now proposed to pass resolutions designating certain streets within the district for the purposes of stationary street trading, and to pass resolutions to vary or rescind some of the existing designating resolutions. It is also proposed to retain some of the previous designating resolutions and to amend the “general restriction” that specifies articles, things or services, the sale or supply of which is prohibited in all designated streets
The procedure which Council must follow before passing, rescinding or varying a designating resolution in relation to any street, or the types of trading which may or may not take place in a designated street, are contained within Section 4 of the Act.
An underlying objective of the procedure is that it must afford members of the public and key stakeholders with an opportunity to make representations in relation to the proposed resolutions.
How can I comment or make a representation?
The Designated Streets Consultation Document may be downloaded here
This document contains full details of the previous designating resolutions as well as the proposed resolutions and includes the rationale for proposing the particular change.
Space is provided for making a written representation under each of the numbered resolutions.
Any person may object or make other representations, specifying the grounds on which they are made, by writing to the Council at the address below or by e-mailing
[email protected] before the closing date for receipt of representations.
Whether you use the spaces provided within the Designated Streets Consultation Document or other means, it is important, when making a representation in relation to any proposed resolution, to provide the following details:
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Your name, address and contact details (telephone and/or e-mail address)
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Whether you are making a representation on behalf of an organisation or as an individual
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The name of the organisation, if any, that you are making a representation on behalf of
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The number of the resolution
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The name of the “street” (if applicable)
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A statement confirming whether you support the resolution or you wish to object to the resolution.
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The grounds for making the representation.
[Personal information: The law requires us to send anyone who has made a written representation a copy of the Public Notice detailing Council’s determination to either pass a designating resolution, or a resolution to rescind or vary a designating resolution, or not to pass such a resolution. For that reason, we require your name, address and contact details. While the information you provide in your response to this consultation may be published in Committee reports, such reports will not include any personal information that you have provided.
Derry City and Strabane District Council complies with the General Data Protection Regulations (GDPR) to ensure that it properly manages any personal information it collects from you. For information on Council’s Privacy Policy visit: https://www.derrystrabane.com/privacy-policy]
Designated Street Suitability Considerations
In addition to the proposed resolutions, we would welcome comments on the criteria that Council uses when determining the suitability of a location within a street for stationary street trading.
Where a street a resolution is passed designating a street for the purposes of street trading, these criteria will be used when identifying any location within that street that is suitable (or unsuitable) for stationary trading.
The criteria may be viewed here
By when do I have to submit my representations?
Representations must be received by 5pm on Friday 8th January 2027
Representations received after that date will not be considered.
What happens next?
Council will have regard to all written representations received, before determining whether or not to pass a resolution.
Where Council has either passed a designating resolution, or a resolution to rescind or vary a designating resolution, or has determined not to pass such a resolution, it will publish notice to that effect, in two consecutive weeks, in two or more newspapers circulating in the district and a copy of the public notice will be sent to any person who made written representation relating to the proposed resolution.
Further enquiries
Please do not hesitate to contact us should you have any queries regarding this consultation exercise.
Contact
The Licensing Team, Derry City and Strabane District Council, 98 Strand Road, Derry, BT48 7NN
T: 02871 253253