Street Trading Act (Northern Ireland) 2001

Street traders to be licensed

Licensing of street traders

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• (1) Subject to the provisions of this Act, no person shall engage in street trading in any street within a district, unless that person is authorised to do so by a street trading licence or a temporary licence granted under this Act by the council for the district.

• (2) Subject to section 2, in this Act “street trading” means—

• (a) selling any article or thing, or

• (b) supplying a service,

in a street, whether or not in or from a stationary position.

• (3) In this Act—

• (a) any reference to selling an article or thing includes a reference to offering or exposing an article or thing for sale; and

• (b) any reference to supplying a service is a reference to supplying a service for gain or reward and includes a reference to offering to supply a service.

• (4) For the purposes of this Act a person engages in street trading whether or not he regularly carries on the business of street trading.

Activities which are not street trading

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• (1) The following activities are not street trading for the purposes of this Act—

• (a) trading by—

• (i) selling articles or things, or

• (ii) supplying a service,

to the occupiers of premises adjoining any street, if the trading is carried out by means only of visiting those premises, whether by appointment or otherwise;

• (b) selling articles or things from a vehicle which is used only for the regular delivery of such articles or things to the occupiers of premises adjoining any street;

• (c) anything done in a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of any statutory provision;

• (d) doing anything—

• (i) authorised by regulations made under section 5 of the Police, Factories, &c (Miscellaneous Provisions) Act 1916 (c. 31), or

• (ii) authorised by a licence granted under the House to House Charitable Collections Act (Northern Ireland) 1952 (c. 6) or exempted by an order made under section 3 of that Act;

• (e) trading by a person acting as a pedlar under the authority of a pedlar's certificate granted under the Pedlars Act 1871 (c. 96), if the trading is carried out only by means of visits from house to house.

• (f) where a pavement café licence is in force, trading carried out in the area covered by the licence, if the trading—

• (i) takes place at a time when that area has temporary furniture on it that under the terms of the licence is permitted to be there at that time;

• (ii) is done in the course of a business which is carried on by the licence holder at the premises specified in the licence;

• (iii) relates to the supply of food or drink in or from those premises for consumption on that area; and

• (iv) does not involve a contravention of the conditions of the licence.

• (2) Trading which is carried out—

• (a) at or adjoining premises used as a petrol filling station; or

• (b) at or adjoining premises used as a shop,

is not street trading for the purposes of this Act if—

• (i) it forms part of the business of the owner or the occupier of the premises, and

• (ii) takes place during the period when the premises are open to the public for business.

• (3) Trading as a news vendor is not street trading for the purposes of this Act if—

• (a) the only articles sold are newspapers or periodicals, and

• (b) they are sold without a receptacle or from a receptacle which is carried by the vendor.

• (4) The Department may by order subject to affirmative resolution—

• (a) vary (whether by addition, omission or alteration) the activities which are not street trading for the purposes of this Act, and

• (b) amend subsections (1) to (3), as they have effect for the time being, in such manner as appears necessary or expedient in consequence of such variation.

• (5) Expressions used in paragraph (f) of subsection (1) and in the Licensing of Pavement Cafés Act (Northern Ireland) 2014 have the same meaning in that paragraph as in that Act.

Designation of streets

Designated streets

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• (1) A council may pass a resolution designating a street in its district as a street in which it may allocate street trading pitches to holders of street trading licences who are authorised to trade as stationary traders.

• (2) In this Act—

• (a) a resolution passed under subsection (1) is referred to as a “designating resolution”; and

• (b) a street designated by such a resolution is referred to as a “designated street”.

• (3) A designating resolution may specify that, in relation to a designated street, either—

• (a) only specified articles, things or services, or classes of specified articles, things or services may be sold or supplied from street trading pitches in that street, or

• (b) the sale or supply from street trading pitches of specified articles, things or services or classes of specified articles, things or services, is prohibited in that street.

• (4) A council may, by subsequent resolution, rescind or vary a designating resolution.

Designating resolutions

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• (1) Where, in relation to any street, a council proposes to pass a designating resolution, or a resolution to rescind or vary a designating resolution, the council shall—

• (a) publish notice of its intention to do so in 2 or more newspapers circulating in its district;

• (b) consult—

• (i) the sub-divisional commander of the police sub-division in which the street is situated, and

• (ii) the Department for Regional Development as regards that department's functions with respect to roads and the regulation of road traffic.

• (2) The council may consult such other persons as it considers appropriate.

• (3) Where a council proposes to pass a resolution to rescind or vary a designating resolution, it shall also consult licence holders who trade from street trading pitches in the street to which the proposed resolution would apply, and any body representative of those traders.

• (4) The notice referred to in subsection (1)(a)—

• (a) shall contain a draft of the proposed resolution; and

• (b) shall state that representations relating to it may be made in writing to the council within such period, being not less than 28 days from the date of first publication of the notice, as may be specified in the notice.

• (5) As soon as practicable after the expiry of the period mentioned in subsection (4)(b), the council shall consider any representations relating to the proposed resolution which it has received before the expiry of that period.

• (6) After the council has considered those representations, it may if it thinks fit pass the designating resolution, or the resolution to rescind or vary the designating resolution.

• (7) Where a council passes a designating resolution, or a resolution to rescind or vary a designating resolution, the resolution shall specify a date, being not less than one month from the date of its passing, on which it is to take effect.

• (8) Where a council—

• (a) has passed a designating resolution, or a resolution to rescind or vary a designating resolution, or

• (b) has determined not to pass such a resolution,

it shall publish notice to that effect in 2 consecutive weeks in 2 or more newspapers circulating in its district and send a copy of the notice to any person who made representations relating to the proposed resolution.

• (9) For the purposes of paragraph (a) of subsection (8), the first publication shall be not less than 28 days before the date specified in the resolution for it to take effect.

Licensing of street traders

Applications for the grant, renewal or variation of street trading licences

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• (1) An application for the grant, renewal or variation of a street trading licence—

• (a) shall be made under this section in writing, and in such form and at such time as the council to which the application is made may specify; and

• (b) shall, if the council so requires, be accompanied by any fee (or such part as the council may determine of any fee) payable under section 15(1).

• (2) An application for the grant of a street trading licence shall be made to the council for the district in which the applicant wishes to trade.

• (3) An application for the renewal or variation of a street trading licence shall be made to the council that granted the licence.

• (4) An application for the grant or renewal of a street trading licence shall state—

• (a) the full name, address and date of birth of the applicant;

• (b) whether the applicant wishes to trade as a stationary trader or as a mobile trader, and—

• (i) where the applicant wishes to trade as a stationary trader, the street in which he wishes to trade and the location at which he wishes to have his street trading pitch; or

• (ii) where the applicant wishes to trade as a mobile trader, the area or areas of the district in which he wishes to trade;

• (c) the days on which and the times between which the applicant wishes to trade;

• (d) the description of articles, things or services in which the applicant wishes to trade and the description of any receptacle he wishes to use in connection with his trading;

• (e) the arrangements the applicant has made, or proposes to make, for storing such articles, things or receptacles.

• (5) An application for the grant or renewal of a street trading licence shall, if the council so requires, be accompanied by 2 photographs of the applicant which are acceptable to the council.

• (6) An application for a council to vary a street trading licence under section 11 shall state the manner in which the licence holder wishes the council to vary the conditions specified in the licence.

• (7) An application under this section shall contain such further particulars, relevant to street trading, as the council may reasonably require.

• (8) Where a council receives an application under this section, it shall within a reasonable time give notice in writing to the applicant of its decision with respect to the application.

Grant, etc. of street trading licences

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• (1) Subject to the provisions of this Act, a council shall grant an application under section 5 unless—

• (a) it is required to refuse the application under section 8; or

• (b) it considers that it ought to refuse the application on any of the grounds set out in section 9.

• (2) The Department may by regulations, subject to negative resolution, prescribe the form of a street trading licence.

• (3) In granting an application for a street trading licence, the council shall authorise the applicant to trade either as a stationary trader or as a mobile trader.

• (4) A street trading licence shall, unless it is revoked or surrendered, remain valid for such period or until such date as the council may determine; but that period or date shall not exceed 3 years from the date on which the licence is granted.

• (5) A licence holder may at any time surrender his street trading licence to the council and the licence shall then cease to be valid.

Conditions relating to street trading licences

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• (1) A council shall specify in a street trading licence conditions—

• (a) requiring—

• (i) a licence holder who is a stationary trader to trade only on the street trading pitch allocated to him by the council;

• (ii) a licence holder who is a mobile trader to trade only in the area or areas within the district specified by the council;

• (b) identifying the class or classes of articles, things or services which the licence holder may sell or supply under the authority of the licence;

• (c) identifying the day or days on which, and the time during which, the licence holder may sell or supply articles, things or services;

• (d) identifying the nature, size and type of any receptacle which may be used by the licence holder in connection with any sale or supply of articles, things or services and the number of any such receptacles which may be so used;

• (e) requiring that any receptacle so used shall display in a prominent position the name of the licence holder and the number of his licence;

• (f) regulating the storage of articles, things or receptacles;

• (g) regulating the deposit and removal of refuse, and the containers to be used for the deposit of such refuse and their location pending its removal;

• (h) requiring that the licence holder shall avail himself to a reasonable extent of his right to trade under the licence;

• (i) regulating the arrangements for payment to the council of fees and other charges imposed under section 15.

• (2) A council may, when granting or renewing a street trading licence, specify in the licence such further conditions as it considers reasonable.

Mandatory grounds for refusing an application

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• (1) A council shall refuse an application under section 5 if the applicant—

• (a) is not an individual; or

• (b) has not reached the upper limit of compulsory school age, within the meaning of Article 46 of the Education and Libraries (Northern Ireland) Order 1986 (NI 3).

• (2) A council shall refuse an application under section 5 if the applicant wishes to trade at a place where trading would contravene any statutory provision or rule of law.

• (3) A council shall refuse an application under section 5 if the applicant wishes to trade as a stationary trader—

• (a) in a street which is not a designated street; or

• (b) in any article, thing or service the sale or supply of which would be contrary to the terms of any designating resolution having effect in relation to the designated street in which the applicant wishes to trade.

Discretionary grounds for refusing an application

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• (1) A council may refuse an application under section 5 on any of the following grounds—

• (a) that—

• (i) the location at which the applicant wishes to trade as a stationary trader is unsuitable;

• (ii) the space in the designated street in which the applicant wishes to trade as a stationary trader is inadequate for the applicant to do so without causing undue interference or inconvenience to persons or vehicles using the street;

• (iii) the area or areas of the district in which the applicant wishes to trade as a mobile trader are unsuitable for the applicant to do so without causing undue interference or inconvenience to persons or vehicles in the area or areas;

• (iv) there are sufficient traders trading in the street, or at premises adjoining it, in the articles, things or services in which the applicant wishes to trade; or

• (v) the nature of the articles, things or services in which the applicant wishes to trade is such that their sale or supply, or their preparation for sale or supply, would adversely affect the general amenity of the area in which the applicant wishes to trade;

• (b) that the applicant has, in connection with the application, made a statement which he knows to be false in a material particular;

• (c) that the applicant is, on account of misconduct or some other reason relating to trading activities, unsuitable to hold a street trading licence;

• (d) that the applicant has, without reasonable excuse, failed to avail himself to a reasonable extent of a previous street trading licence;

• (e) that the applicant has at any time been granted a street trading licence by the council, which was revoked or could have been revoked on the grounds that he had refused or neglected to pay fees or other charges due to the council in respect of the licence;

• (f) that the applicant has failed to provide the particulars required by the council to deal with the application;

• (g) that the applicant has failed to provide or identify suitable or adequate arrangements for storing any articles, things or receptacles in or with which he proposes to trade.

• (2) If the council considers that grounds for refusal exist under subsection (1)(d), it may grant the applicant a licence subject to conditions which permit him—

• (a) to trade on fewer days or during a shorter period in each day than is specified in the application; or

• (b) to trade in a different designated street or in a different area from that specified in the application.

Revocation, etc. of street trading licences

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• (1) A council may at any time revoke a street trading licence if it is satisfied that—

• (a) owing to circumstances which have arisen since the grant or renewal of the licence—

• (i) the location of the street trading pitch on which the licence holder trades as a stationary trader has become unsuitable, or

• (ii) the space in the designated street in which the licence holder trades as a stationary trader has become inadequate for him to engage in the trading permitted by the licence without causing undue interference or inconvenience to persons or vehicles using the street; or

• (iii) the area or areas of the district in which the licence holder trades as a mobile trader have become unsuitable for the licence holder to do so without causing undue interference or inconvenience to persons or vehicles in the area or areas;

• (b) a designating resolution has been rescinded or varied with respect to the street in which the licence holder trades as a stationary trader;

• (c) the licence holder has, without reasonable excuse, failed to avail himself to a reasonable extent of his licence;

• (d) the licence holder has, in connection with an application under section 5 with respect to the licence, made a statement which he knows to be false in a material particular;

• (e) the licence holder is, on account of misconduct or some other reason relating to trading activities that has come to the attention of the council since the grant or renewal of the licence, unsuitable to hold the licence;