Street Trading
Regulations (Including East Street Market)
These Regulations have been made by the Council of the London Borough of Barking and Dagenham under Section 27(3) of The London Local Authorities Act 1990 (as amended). The Regulations came into force on 25 June 1991.
The are accompanied by Explanatory Notes to help Street Trading Licence Holders and Applicants for Street Trading Licences to understand them.
1. Definitions
- 'The Council' means the Council of the London Borough of Barking and Dagenham
- 'Street Trading' is defined in Section 21(1) of the London Local Authorities Act 1990. The same definition applies to these Regulations
- 'Stall' means any structure used to display goods or advertise services. Goods offered for sale and equipment used in trade are considered to be part of the structure
- 'Trader' means a person in whose name a current street trading licence is held allowing street trading from a licensed street trading pitch
2. General
- Traders who apply to the Council for Street Trading Licences must obtain any other approvals or consents (including any planning permission) which they will need to be able to trade
- If the Council grants a Street Trading Licence this must not be taken as a sign that they have agreed to give their approval under any law other than Part III of the London Local Authorities Act 1990
- Applications for Street Trading Licences must be made to the Council in writing
- The fee payable for the grant/renewal of the licence shall be paid at the time of the application
3. Pitch positions
- Street Traders may only trade from the pitch described in their Street Trading Licence
4. Pitch size
- Street Traders must keep goods and displays within the pitch dimensions described in their licence during immediate restocking. Refuse containers may be sited outside the pitch area
5. Types of goods and services
- Only those types of goods and services shown on the Street Trading Licence may be offered for sale on a Licensed Street Trading pitch
6. Days and times
- Trading may only take place on the days and during the times shown on the Street Trading Licence
- Traders must be ready to trade by 10am on each day they are licensed to trade
- If traders are not ready to trade by 10am without the council's approval the council may re-let their pitch for the day
7. Stalls
- Equipment such as stalls, barrows or vehicles from which traders offer goods and services for sale must be approved in writing by the Council before it is used
8. Information to be displayed
- Traders must display a notice while trading showing their names and address and their Street Trading Licence number. The notice must be clear and easy to read and prominently displayed
- Traders must not display any advertisement on their pitch which is for goods or services which are not shown on their Street Trading Licence or which they are not offering for sale
9. Refuse
- Traders must place any refuse arising from their trade in covered containers. Traders must provide suitable containers themselves
- Refuse containers must be kept reasonably clean. Traders must remove them at the end of each days trading
10. Heating equipment
- Traders must ensure that any heating equipment used within their trading area does not present a danger to the public. The position of any heating equipment must be agreed with the Director of Customer Services before it is used
11. Services and amenities
- Traders may connect their pitches to other pitches or premises immediately beside their pitch to provide electric lighting or other services. Connections for services must be easy to detach. No other connections may be made. Connections must be agreed with the Director of Customer Services in advance in writing
- Traders must get the Director of Customer Services' agreement in writing to any electrical power supply before asking the local Electricity Board to install it
- Electrical cables suspended over public footways must have a minimum clearance of 1.6 metres (8 feet 6 inches) from the footway surface
- Electrical cables suspended over roads must have a minimum clearance of 5.1 metres (18 feet 6 inches) from the road surface
- Traders must ensure that all electrical wiring and parts comply with London Electricity plc specifications. Electrical wiring and parts must be earthed and insulated
- Traders may only use electrical power to provide light, to run scales or tills or to test electrical goods
12. Electricity generators
- Mobile electricity generators used by Street Traders must satisfy the following conditions:
- They must be positioned so as not to cause any danger to the public
- The must not cause a fire hazard to the goods and equipment on the pitch
- They must not cause a noise or fume nuisance
13. Storage of fuels
- Any flammable fuels used by Street Traders must be stored away from the pitch in containers approved by the London Fire Brigade
14. Head room
- There must be a minimum headroom above the ground of 2.6 metres (8 feet 6 inches) underneath roofs, awnings and supports over pitches. The Council may grant dispensations to traders to allow less headroom than this
- Roofs, awnings and supports must not protrude beyond the pitch area without the Council's agreement in writing
15. Removal of stalls
- Stalls must be easy to move
- Street Traders must remove their stalls if reasonably asked to do so by a Police Officer or an authorised officer of the Council
- At the end of each trading period traders must remove their stalls and goods. Traders must store their stalls and perishable goods at the address shown on their Street Trading Licence. Other storage addresses may be used but these must be agreed in writing by the Director of Customer Services before they are used. If another storage address is to be used the trader must tell the Council in writing at least 7 days before the change
- Traders must remove their stalls and goods within one hour of the end of the trading time shown on their Street Trading Licence
16. Traders' vehicles
- Street Traders must park their vehicles legally
- Where waiting restrictions are in force traders must load or unload as quickly as possible and then remove their vehicles
17. Damage
- Traders must ensure that their stalls do not cause damage to the footway, verges or road
18. Assisting council officers
- Traders must give council officers any reasonable help which they are asked for
19. Employees and assistants
- Traders must give the names and any other details of people helping to run their trade if required to do so by a Council Officer
20. Insurance
- Traders must take out third party insurance cover with a minimum liability of £1 million
Proof of public liability insurance will be required before a licence is granted or renewed.
Explanatory notes
These notes are not part of the Street Trade Regulations. They are intended to help applicants and licensees understand the Regulations and are for guidance only.
People who sell or offer to sell goods or services in a street are usually considered to be street trading. 'Sell' includes the exchange of goods for hire or reward.
Street traders in the London Borough of Barking and Dagenham must be licensed by the Council.
Some trades may be excluded from the legal definition of street trading. These include the sale of newspapers and periodicals (in most circumstances) and milk deliveries to local residents. People trading from land which they own or occupy adjacent to a street are not normally considered to be street trading.
There are other circumstances in which trading in a street is not defined as street trading.
These Regulations set out standard conditions for Street Trading Licenses issued by the Council. We can alter them or add to them for any individual licence.
We can alter the terms and conditions of Street Trading Licences. Traders who want to have the conditions of their licence altered must apply to the Council in writing.
For advice and information on whether a particular activity is 'Street Trading' or on any other aspect of Street Trading including how to apply for a licence contract:
Director of Customer Services
London Borough of Barking and Dagenham
Commercial Inspection Team
Roycraft House
15 Linton Road
Barking
IG11 8HE
Tel: 020 8227 5651
