The Street Trading Policy 2021 comes into force on 5 April 2021, and makes all streets in Waverley consent streets other than designated prohibited streets. A consent street includes a road, footway, or other area (including private land) to which the public have access without payment. It does not include buildings themselves.
If a road is subject to a Road Closure Order issued by Waverley Borough Council or Surrey County Council, provided an Event Management Plan has been submitted to Waverley Borough Council detailing how the event will be run safely and without causing nuisance to the area, the street shall no longer be deemed a consent or prohibited street.
Additionally, events organised by Town and Parish Councils on their own land, adjacent to a consent street, shall not require a street trading consent provided an Event Management Plan has been submitted to Waverley Borough Council detailing how the event will be run safely and without causing nuisance to the area. Similarly, events organised by Waverley Borough Council on their own land, adjacent to a consent street, shall not require a street trading consent.
In other circumstances a decision on whether a street trading consent will be required (and issued) by the Council will have regard to:
- Potential risks to public order
- Potential to cause public nuisance from noise or misbehaviour, taking into account the character of the neighbourhood.
- Potential risks to public safety including obstruction, fire hazards, unhygienic conditions, danger that may occur when a trader is accessing the site, and overcrowding of the site/area. (Overcrowding includes the capacity of the street trading area having regard to the potential maximum attendance on the site by the public, and the consequent risk of over congestion impacting adjacent roads to the site).
- Needs of the area, including the locations of other street traders and outlets already trading in similar commodities to those proposed for sale.
Typical examples of whether a street trading consent will be required on a road, footway, or other area (including private land) to which the public have access without payment, adjacent to a consent street, are detailed below. Note you will also need to be registered as a food business (a minimum FSA Food Hygiene Rating Score of level 3 or above) if you intend to sell food.
Where the event is not covered under the remit of the Street Trading Policy but an event management plan is required, this should be sent to environmentalhealth@waverley.gov.uk at least 14 days before the event is due to take place.
Do I need a consent to trade on a prohibited street?
You cannot trade on a prohibited street unless there is a road closure in place. Please see the Street Trading Policy 2021 for a list of prohibited streets
Do I need a consent to trade on a consent street?
Yes you need consent to trade on a consent street. You must make a valid application to Waverley Borough Council at least 6 weeks prior to trading, to allow for the consultation period and objections to be referred to Committee for a decision if needed.
Do I need a consent to trade on prohibited or consent street subject to a road closure?
Provided you have submitted an Event Management Plan to us 14 days before the event you will not need consent to trade.
Do I need consent to trade on land owned by the Town/Parish Council next to a consent street?
Events/trading organised by the Town/Parish Council on their own land will not require consent provided they have submitted an Event Management Plan to us 14 days before the event/trading commences. Events/trading organised by others on Town/Parish will need consent, as well as the permission from the Town/Parish Council.
Do I need consent to trade on land owned by Waverley Borough Council next to a consent street?
Events/trading organised or approved by Waverley Borough Council on its own land do not require consent, but you will need permission from the Parks and Countryside team to trade.
Do I need consent to trade from my own private garden which the public do not normally have access to?
If trading takes place entirely from your garden you will not need consent. However, if you trade over your boundary, for example a fence, and people queue/are served on land which the public can normally access you will need consent.
Do I need consent to trade from a private car park or private land that the public can normally access?
Yes you will need a consent.
I am a sole trader and want to trade in several locations. Do I need separate street trading consents for each location?
If you have one mobile vehicle/stall and trading takes place in close proximity (within 1km) but at slightly different locations during the week you will only need one street trading consent. However, given consultation requirements, if you wish to trade at completely different locations you will need consent for each location. Also, if you have several mobile vehicles/stalls you will need a street trading consent for each vehicle/stall.
Each location you trade from will be included on your consent, and each location will be subject to consultation.
I am itinerant/roaming trader (typically ice cream van). Do I need a street trading consent?
Yes you will need a consent for each mobile vehicle/stall.
I am having a single or multiple events at different locations. Do I need several street trading consents?
Consideration will need to be given to consultation requirements and what is appropriate given the locations identified for trading. However, generally, providing the locations are within close proximity to each other you will normally only need one consent.
What do I do if I already trade in Waverley?
If you already have a current street trading consent this is unaffected by the change to our policy, when this comes to the end of its term you will need to renew it as normal. If you currently trade on a street that will become a consent street from the 5 April 2021 you will need to apply for a street trading consent to continue to trade in Waverley.
Please see:
The Street Trading Policy 2021 and Street Trading Guidance for details of the application process including notices required at proposed street trading locations, representations for new applications, and standard conditions that will be attached to all street trading consents.
Need further advice?
Please contact Environmental Health for further information or if you have any other queries: