Street Trading is defined as the selling, exposing or offering for sale of any article (including a living thing) in the street. This includes food such as burgers, kebabs, ice creams and much more.
Under the adopted provisions of the Local Government (Miscellaneous Provisions) Act 1982 the Council operates a consent scheme for Street Trading. This means that you need to obtain a Street Trading Consent from our Licensing team.
All the streets in the West Berkshire area are designated as ‘Consent’ streets, except for the whole of Theale Parish which is a ‘Prohibited’ area.
The following types of trading are excluded from the definition of street trading:
• a pedlar with a valid pedlar’s certificate issued by a chief constable of police
• trading in a charter market or a statutory market
• trading in a trunk road picnic area under the Highways Act 1980
• trading as a newsvendor within a maximum area of 0.25 square metres and only sell newspapers and periodicals
• trading as a roundsman
• undertaking a permitted street collection and
• trading on premises used as a petrol station or on the street adjoining premises used as a petrol station and you own the shop or petrol station.
You must be at least 17 years old to apply for a street trading consent.
Completed application forms with a location map indicating where the stall or vehicle is to be sited must be supplied with the appropriate fee to the relevant council:
West Berkshire:Licensing, Council Offices, Market St, Newbury, RG14 5LD or scanned and emailed to: Licensing@westberks.gov.uk
Wokingham Borough: Licensing Team, Public Protection Partnership, Wokingham Borough Council, Shute End, Wokingham, RG40 1WW or scanned and emailed to: Licensing@wokingham.gov.uk
Bracknell Forest Council apply on line at GOV.UK.
To pay by debit or credit card please use the dedicated payment line number 0330 131 9742 and then select Option 2. If paying by cheque please make payable to West Berkshire Council and post to the address above.
The Council will consult with the following persons and authorities/agencies and consider any representations before determining your application:
- the local Parish, Ward and Town Councillors and local Members having jurisdiction in the areas applied and for Members for those Wards adjoining the trading location.
- the Police and
- Highways Authority.
Food trading registrations
In addition, anyone trading in food will need to be registered with Environmental Health or the area in which they are based for food hygiene inspection.
Late night food trading
Trading in hot food or hot drink in any place, including by a mobile trader, between 23:00 and 05:00 on any day will require a premises licence for late night refreshment under the Licensing Act 2003.
A street trading consent is valid for a period of 12 months from the date on which it is granted or, if a shorter period is specified in the licence, for that period.
The licence can be issued for one year, or six months or for any complete monthly periods beginning with the day on which it comes into force.
There is no formal right of appeal to a Magistrates' Court or Crown Court in respect of a refusal to grant or vary a street trading consent.
Sunday Trading Laws
Under the Sunday Trading Act 1994 there limits on shop opening hours are:
You no longer need to notify or register with the Local Authority following the Regulatory Reform (Sunday Trading) Order 2004.
For more information see: GOV.UK Trading Hours for Retailers: The Law
Restrictions on Sunday opening times are confined to large shops, those having an internal sales area of more than 280 square metres.
- They must display a sign specifying the six hours of Sunday trading which must be between 10am to 6pm.
- They are not permitted to open on Easter Sunday and on Christmas Day when it falls on a Sunday.
Small shops are not covered by these restrictions.