New West Suffolk street trading policy to be phased in from January

20 Dec 2024

A new street trading policy covering the whole of West Suffolk is to come into effect under a phased approach from 20 January.

Earlier this year the council wrote to street traders, business groups, town and parish councils, posted on its social media channels and issued news releases to local media to encourage people to help shape a new street trading policy for West Suffolk.

The survey set out to establish what the level of regulation should be.

It found that most of the respondents, were in favour of there being regulation to help deal with any issues such as litter, and poor quality of goods. They backed an approach whereby any street trader would need to apply for licensing consent from the council.

The majority of people responding also said criminal records checks should be carried out.

From those responses, the council created a single Street Trading policy for West Suffolk which, after further consultation, was approved in September.

Cllr Gerald Kelly, Cabinet Member for Governance, Regulatory and Environment at West Suffolk Council, said: “We are delighted to be bringing in this new policy which has been shaped by public engagement and creates a single, fair and consistent approach for the whole of West Suffolk. Street trading, if well managed, can create opportunities for small businesses including start-ups, promote choice and encourage footfall to support the sustainable growth of our communities. But unregulated, it can also have a negative impact and lead to complaints. This policy allows us to balance the benefits street trading can offer while also best serving the interests of our residents, visitors and neighbouring businesses.”

This policy will now come into effect from early next year and will be introduced under a phased approach.

The first stage applies to individual street traders.

The council is currently writing to licensed street traders in West Suffolk to advise them of the changes. If they wish to continue to trade for another 12 months, they will need to submit their renewal application at least 28 days before their current consent expires. Providing they are seeking no major changes to their consent and there are no substantiated complaints or enforcement against them, they will simply need to complete a form, pay the fee and provide proof of insurance including public liability of at least £5,000,000.

From January, officers will also be visiting areas to speak to unlicensed street traders to ensure they are aware of the new policy and the need to apply for street trading consent. It is a criminal offence to operate without consent. Officers will be giving those businesses already trading without consent a 30-day grace period in which to make their application – after which if no application has been made, enforcement action will be carried out. This work will initially target those areas where there are already issues and complaints, and street traders are encouraged to get their applications in early. 

Under the policy new traders will have to have a DBS check. A criminal record that involves sexual violence or previous serious fraud charges, including the sale of counterfeit goods, will see their application immediately rejected. A criminal record involving other crimes would be considered on a case-by-case basis.

New businesses enquiring about street trading will be directed to the council’s webpage and policy document which will provide all the details on how they can apply.

Prospective street traders will need to ensure that they have the written permission of the landowner. Where the location forms part of the adopted highway, permission will need to be sought from the Highways Authority.

On receipt of a valid application the licensing authority will consult with appropriate consultees, which includes the Highways Authority and the ward councillor(s).

As a part of this process due consideration will be had for the prevention of harm and nuisance, and that any trader is "fit and proper” to hold a consent to trade within West Suffolk.

Any street trader who trades without having received the required consent will be carrying out an offence and may be fined up to £1,000.

The second phase applies to business improvement districts, town and parish councils and other organisers of commercial events. It will come into effect from 1 April 2025.

Event organisers will only need to make one application and one fee per event but will need to provide details of traders and confirm that insurance is in place. It only applies to events on public highway and that are not for a charitable purpose.

People can find out more on how to apply for street trading consent on the council's website.

Please note this doesn’t apply to our markets which are covered under different regulations. 

---