You may require a street trading consent if you want to sell any article (including a living thing) in the street. Once a consent has been issued you must display it where it can be read by customers.
Definition of street trading
Street trading involves selling or offering for sale any article in any street (including all forecourts, roads, footways and other areas next to streets) or open space where the public have access without payment.
This includes private property that the public can access without payment.
All streets within Wigan Borough are ‘consent streets’ for all purposes of Schedule 4 of Local Government (Miscellaneous Provisions) Act 1982.
Where consent is not needed
A Street Trading consent is not needed for trading as a:
- Pedlar with a pedlar’s certificate granted under the Pedlar’s Act 1871
- News vendor
- Roundsman.
Nor is it needed to trade:
- In a market or fair if you obtained the right to hold through a grant, enactment or order
- At or adjoining a shop as part of the business.
Eligibility
Our Street Trading policy explains how we deal with applications for street trading consents.
Application forms and procedures
To apply for a street trading consent you must:
Please complete the application form in full, and ensure that all sections are completed. Failure to provide the following documents could lead to a delay in your application:
- A recent photograph of each Applicant / Assistant
- A plan of the site / location (if applicable)
- Evidence of permission to trade at the location (if applicable)
- Evidence of food registration (if applicable).
If you do not provide all relevant information there could be a delay with your application.
Plan of the location (if applicable)
If the application is for a static street trading consent, a plan clearly identifying the proposed trading location will be required. It must show the streets, businesses and landmarks in the area and the unit should be shown clearly on the plan outlined in red line.
A Google image can be used if it clearly shows where the unit will be located. You can also use photographs to clearly show the exact point the unit will be sited. The location must be clear so that Officers can carry out a site visit to the correct area.
Email your completed application to the Licensing Team with the relevant supporting documents.
Street trading conditions
Street Traders are advised to familiarise themselves with the conditions which will be attached to their consent should it be issued.
Food businesses
If you operate a food business then you also need to register the details of your business in accordance with the Food Hygiene (England) Regulations 2006. The registration relates to the address where the trading unit is stored.
If the unit is stored within the Borough more information can be found at food premises registration.
When will I hear from you?
We will contact you within 5 - 10 working days after receiving your application and will let you know our decision following the 28 day objection period.
Will Tacit Consent apply?
Yes. If you have not heard from us within 30 days, of receiving your acknowledgement, you can act as though your application is granted. However, you are advised to contact us to confirm your consent has been granted.
Redress
Please contact us in the first instance.
For consumers
Public register
There is no legal requirement for us to keep a public register of street traders. Please contact us if you want to know if a trader is registered.
Objecting to an application
You can give written notice of your objection to a new application (static traders only) during the 28 day objection period.
Please contact us to discuss a pending application.
Complaints
It is an offence to trade on streets anywhere within the Borough without street trading consent.
This includes the selling of cars or other vehicles on the street. If you wish to report a vehicle or vehicles being offered for sale on the street you can do so by contacting us.
To make a complaint about street trading you can: