Street trading consents and licences

This page gives information about the controls we have in place for street trading and allows you to apply for a licence or consent. Information is also given on how to make a complaint relating to street trading.

Street trading is regulated under the Local Government (Miscellaneous Provisions) Act 1982. There are three different classes of street/road:

• consent streets: where trading is permitted with a Street Trading Consent 
• licensed streets: where a Street Trading Licence is required 
• prohibited streets: where trading is not allowed at all. For example, main roads, areas near shopping centres.

Trading on council land

If you intend to trade on any council owned land (excluding highways), you will need to provide us with written consent from our Corporate Land and Property Team (CPAL) proving you have their permission to trade from that location. Failure to provide this information together with the application will result in the application being rejected. You can contact Corporate Land and Property by email at cpalpropertymanagement@durham.gov.uk.

You can check if the land is council land on our Council owned land and buildings page.

Eligibility criteria

You must be over 17 years of age to hold a licence.

Licences will be refused if any of the following grounds exist:

• there is not enough space in the street you wish to trade in, without causing interference or inconvenience to street users 
• you wish to trade for less days than any minimum required trading days 
• you are unsuitable to hold a licence do to any previous convictions or for other reasons 
• you have previously failed to pay fees due under another street trading licence or have failed to use a previous street trading licence

For us to consider your application, you must provide full details of the information requested on the forms. In particular, details of the street you wish to trade on and the days and times you wish to trade are essential.

You may also be required to provide two photographs of yourself.

Street trading fees

Fees for licence or consent

Fees for non-established market licence or consent

If you wish to change your existing street trading licence, you will be charged a £45 administration fee.

We will also retain a £45 administration fee if your licence is refused.

Application evaluation process

A correctly completed application will be dealt with by our licensing team within 30 working days. We will either grant the application or serve notice upon you if we intend to refuse it or grant it on different terms to which you have applied for.

These different terms may relate to restrictions on days required or restrictions on trading in certain items.

Your licence may also be confined to trading at a particular place in a street.

We may also serve notice in connection with applications to renew an existing licence if we are minded to revoke it or vary conditions that have previously applied.

Any notice that we give in connection with a street trading application will detail the grounds for the decision we have made and will state your right to make representations in writing within seven days.

Please note: Although street trading consents/licences are issued by us following consultation with other interested parties, it will be necessary for applicants to obtain any necessary permissions to use or to occupy any land from the relevant land owner and / or current occupier. This includes any land owned by us, including eg parks, lay-bys, car parks and any other premises. A street trading consent or licence authorises a street trading activity. It does not give the holder any land ownership or occupancy rights.

Implied granting of licence ('tacit consent')

If you have not heard from us by the end of the target completion period we specify for dealing with your application, you have the legal right to act as though your licence has been granted. This is known as 'tacit consent'.

Our target completion period for processing a correctly completed application is 30 working days. We aim to acknowledge your application within five working days of receipt. Please contact us if you have not received acknowledgement within 10 working days.

Apply

• Apply for a street trading licence or consent
• Application for a Non Established Market - Consent/Licence (PDF, 244.2kb)

Failed application and existing licence holder redress

Any person who is refused a licence or any existing licence holder that has grounds for complaint should contact us.

Consumer complaint

If you have a complaint about a street trader we would always suggest that you discuss it with the trader concerned in the first instance. Where this has failed or is an inappropriate step, please either contact us or  Citizens Advice Consumer Service. From outside the UK contact the UK European Consumer Centre.