APPENDIX 3  

 

 

ISLE OF WIGHT COUNCIL

 

STREET TRADING CONSENT CONDITIONS

 

GENERAL CONDITIONS

 

  1. The Consent Holder (which expression where appropriate includes joint holders of this Consent) and any person employed by him to assist him in his trading shall produce the Consent on demand when so required by a duly authorised officer of the Isle of Wight Council, or by a Police Officer.

 

  1. A copy of this Consent shall be kept onsite by the holder and available for inspection by an authorised officer of the Council, or a Police Officer.

 

  1. The Consent Holder shall notify the Licensing Officer of the Council immediately of any convictions or proceedings arising out of the use or enjoyment of the Consent.

 

  1. The Consent Holder shall not assign, underlet or part with his interest or possession under this Consent or any part thereof, but may surrender it to the Council at any time.

 

  1. The Consent Holder shall observe and comply with any directions in relation to the use of the street or public place by a duly authorised officer of the Council.

 

  1. Nothing contained in these conditions shall relieve the Consent Holder or his employees or agents from any legal duty or liability and the Consent Holder shall indemnify the Council in respect of all claims, actions, demands or costs arising from this Consent.

 

  1. The Consent Holder shall at all times maintain a valid Third Party Public Liability Insurance Policy to the satisfaction of the Council and shall produce a valid certificate of such insurance at any time upon request by an authorised officer of the Council.

 

  1. The Council may vary the Conditions attached to the Consent at any time.

 

SITE CONDITIONS

 

  1. The Consent Holder when operating on a static site shall have access to suitable and sufficient sanitary accommodation for both the Consent Holder, and any persons employed in the street trading activity.  The sanitary accommodation arrangements shall be approved by the local authority.

 

  1. The Consent Holder shall not use any television, tape recorder or other device for the reproduction of sound whilst trading which is audible beyond 5 metres from the site.

 

  1. The Consent Holder shall not place on any street or public place, or affix to any equipment placed on the street or public place, any advertising of any description whatsoever except with the previous consent in writing from the Council.

 

  1. Advertisements or other notices must not be placed outside of the immediate area of the street trading site without the approval of the Council.  The Consent Holder shall not make any excavations or alterations of any description in the surface of the street, or land in the ownership of the Council adjoining a street, or place or fix equipment of any description in the said surface except with the previous consent from the Council in writing.

 

  1. The Consent Holder shall not place on the street or in a public place any furniture or equipment other than as permitted by the Consent and he must maintain the same in a clean and tidy condition and not place them so as to obstruct the entrance or exit from any premises.

 

  1. The Consent Holder shall keep his trading position and the immediate adjacent area in a clean and tidy condition during the permitted hours and also leave the same in a clean and tidy condition and unobstructed at the end of each daily period of use under the terms of this Consent.

 

  1. The Consent Holder shall provide and maintain at his own expense adequate refuse receptacles for litter.

 

  1. Litter and Trade Waste arising from the activities of the Consent Holder shall be removed from the site on a daily basis and disposed of in an approved manner.

 

  1. The Consent Holder shall make such provision as is necessary to prevent the deposit in any street or public place of solid or liquid refuse and shall not discharge any water or effluent from the street trading activity to street surface drainage or other watercourse.

 

TRADING CONDITIONS

 

  1. The Consent Holder shall not carry out street trading activities other than those permitted by the Consent.

 

  1. The Consent Holder shall not trade outside the time and days permitted by the Consent.

 

  1. The Consent Holder shall not trade in such a way that is likely to cause undue obstruction to any part of any street or public place.

 

  1. The Consent Holder shall not trade in such a way that is likely to cause damage to any property in the street or public place.

 

  1. The Consent Holder shall not trade in such a way as to cause a nuisance or annoyance to persons using the street or public place, or occupiers of premises in the vicinity.  Noise from equipment used in connection with consented street trading activity shall not be audible inside nearby residences.

 

  1. Static street trading units, vehicles or other equipment associated with the street trading activity shall be removed from the site at the cessation of trading each day.

 

  1. Any Consent Holder who wishes to employ an assistant who will be left solely in charge of the street trading site during the course of a days trading shall be required to:

 

    1. Obtain written permission from the Council
    2. Provide the name, age and address of such an assistant.

 

  1. The Consent Holder shall at all times conduct his business in a clean, honest, civil and businesslike manner without interfering with the business of other Traders and Consent Holders.

 

LEGAL PROVISIONS

 

  1. Nothing contained in these conditions shall relieve or excuse the Consent Holder or his employees or agents from any legal duty or liability.

 

  1. At all times the Consent Holder shall comply with the legislation in force.  Particular attention, where appropriate, should be paid to the Health and Safety at Work etc. Act 1974, The Food Safety (General Food Hygiene) Regulations 1995 and the Food Safety Act 1990.

 

REVOCATION OR SURRENDER OF CONSENT

 

  1. This Consent may be revoked by the Council at any time and the Council shall not in any circumstances whatsoever be liable to pay any compensation to the holder in respect of such revocation.

 

  1. The holder shall return this Consent to the Isle of Wight Council immediately on revocation or surrender of the Consent.

 

MOBILE TRADING

 

  1. This Consent is granted on the basis that a mobile trader must not trade from a site for more than 60 minutes and not return to the same site within 2 hours.

 

  1. It is an offence to sound your chimes before 12 noon or after 7 pm.  It is also an offence to sound your chimes in such a way as to give reasonable cause for annoyance.  A code of practice approved by the Government gives guidance on methods of minimising annoyance caused by your chimes.  The main points of the Code of Practice are:

 

Do not sound chimes

 

1.                  For no longer than 4 seconds at a time;

2.                  more often than once every 3 minutes;

3.                  when the vehicle is stationary;

4.                  except on approach to a selling point;

5.                  when in sight of another vehicle which is trading

6.                  when within 50 metres of schools (during school hours); hospitals and places of worship (on Sundays and other recognised days of worship);

7.                  more often than once every 2 hours in the same length of street;

8.                  louder than 80 dB(A) at 7.5 metres;

9.                  as loudly in quiet areas or narrow streets as elsewhere

 

NOTES TO THE CONDITIONS

 

Within the terms of these conditions the following works have the meanings as described:

 

The Council:-             the Isle of Wight Council

 

Street Trading:-         the selling or exposing or offering for sale of any article (including living thing) in any street

 

Street                          Includes:

(a)   Any road, footway, beach or other area to which the public have acess without payment.

(b)   A service area as defined in section 329 of the Highways Act 1980.

 

and also includes any part of a street.

 

Consent Street:-        a street in which street trading is prohibited without the consent of the district council.

 

Authorised Officer:-   an officer employed by the Isle of Wight Council and authorised by the Council to act in accordance with the provisions of the Local Government (Miscellaneous Provisions) Act 1982.

 

 

 

 

THIS CONSENT DOES NOT:

 

1.                  Permit trading outside the terms of the Consent.

 

2.                  Indicate that planning permission is not required

 

Please note:

 

(a)   That the requirement to obtain planning permission applies to all streets, whether they have been designated Consent Streets or not.

(b)   That the grant of one or more street trading consents does not give the trader immunity from planning control.

(c)   The Council has discretion whether or not to enforce planning laws in relation to street trading.

 

3.                  Indicate that the unit is exempt from business rates.

 

4.                  Over ride parking restrictions or any other traffic regulations.

 

5.                  Imply approval from the highway authority or any other person or authority.