Street Trading Act (Northern Ireland) 2001
Street Trading Act (Northern Ireland) 2001
2001 CHAPTER 8
An Act to make provision for the regulation by district councils of street trading in their districts.
[5th April 2001]
Be it enacted by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
Street traders to be licensed
1 Licensing of street traders
Licensing of street traders
(1) Subject to the provisions of this Act, no person shall engage in street trading in any street within a district, unless that person is authorised to do so by a street trading licence or a temporary licence granted under this Act by the council for the district.
(2) Subject to section 2, in this Act ‘street trading’ means—
(a) selling any article or thing, or
(b) supplying a service,
in a street, whether or not in or from a stationary position.
(3) In this Act—
(a) any reference to selling an article or thing includes a reference to offering or exposing an article or thing for sale; and
(b) any reference to supplying a service is a reference to supplying a service for gain or reward and includes a reference to offering to supply a service.
(4) For the purposes of this Act a person engages in street trading whether or not he regularly carries on the business of street trading.
2 Activities which are not street trading
Activities which are not street trading
(1) The following activities are not street trading for the purposes of this Act—
(a) trading by—
(i) selling articles or things, or
(ii) supplying a service,
to the occupiers of premises adjoining any street, if the trading is carried out by means only of visiting those premises, whether by appointment or otherwise;
(b) selling articles or things from a vehicle which is used only for the regular delivery of such articles or things to the occupiers of premises adjoining any street;
(c) anything done in a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of any statutory provision;
(d) doing anything—
(i) authorised by regulations made under section 5 of the Police, Factories, &c (Miscellaneous Provisions) Act 1916 (c. 31), or
(ii) authorised by a licence granted under the House to House Charitable Collections Act (Northern Ireland) 1952 (c. 6) or exempted by an order made under section 3 of that Act;
(e) trading by a person acting as a pedlar under the authority of a pedlar's certificate granted under the Pedlars Act 1871 (c. 96), if the trading is carried out only by means of visits from house to house.
(2) Trading which is carried out—
(a) at or adjoining premises used as a petrol filling station; or
(b) at or adjoining premises used as a shop,
is not street trading for the purposes of this Act if—
(i) it forms part of the business of the owner or the occupier of the premises, and
(ii) takes place during the period when the premises are open to the public for business.
(3) Trading as a news vendor is not street trading for the purposes of this Act if—
(a) the only articles sold are newspapers or periodicals, and
(b) they are sold without a receptacle or from a receptacle which is carried by the vendor.
(4) The Department may by order subject to affirmative resolution—
(a) vary (whether by addition, omission or alteration) the activities which are not street trading for the purposes of this Act, and
(b) amend subsections (1) to (3), as they have effect for the time being, in such manner as appears necessary or expedient in consequence of such variation.
Designation of streets
3 Designated streets
Designated streets
(1) A council may pass a resolution designating a street in its district as a street in which it may allocate street trading pitches to holders of street trading licences who are authorised to trade as stationary traders.
(2) In this Act—
(a) a resolution passed under subsection (1) is referred to as a ‘designating resolution’; and
(b) a street designated by such a resolution is referred to as a ‘designated street’.
(3) A designating resolution may specify that, in relation to a designated street, either—
(a) only specified articles, things or services, or classes of specified articles, things or services may be sold or supplied from street trading pitches in that street, or
(b) the sale or supply from street trading pitches of specified articles, things or services or classes of specified articles, things or services, is prohibited in that street.
(4) A council may, by subsequent resolution, rescind or vary a designating resolution.
4 Designating resolutions
Designating resolutions
(1) Where, in relation to any street, a council proposes to pass a designating resolution, or a resolution to rescind or vary a designating resolution, the council shall—
(a) publish notice of its intention to do so in 2 or more newspapers circulating in its district;
(b) consult—
(i) the sub-divisional commander of the police sub-division in which the street is situated, and
(ii) the Department for Regional Development as regards that department's functions with respect to roads and the regulation of road traffic.
(2) The council may consult such other persons as it considers appropriate.
(3) Where a council proposes to pass a resolution to rescind or vary a designating resolution, it shall also consult licence holders who trade from street trading pitches in the street to which the proposed resolution would apply, and any body representative of those traders.
(4) The notice referred to in subsection (1)(a)—
(a) shall contain a draft of the proposed resolution; and
(b) shall state that representations relating to it may be made in writing to the council within such period, being not less than 28 days from the date of first publication of the notice, as may be specified in the notice.
(5) As soon as practicable after the expiry of the period mentioned in subsection (4)(b), the council shall consider any representations relating to the proposed resolution which it has received before the expiry of that period.
(6) After the council has considered those representations, it may if it thinks fit pass the designating resolution, or the resolution to rescind or vary the designating resolution.
(7) Where a council passes a designating resolution, or a resolution to rescind or vary a designating resolution, the resolution shall specify a date, being not less than one month from the date of its passing, on which it is to take effect.
(8) Where a council—
(a) has passed a designating resolution, or a resolution to rescind or vary a designating resolution, or
(b) has determined not to pass such a resolution,
it shall publish notice to that effect in 2 consecutive weeks in 2 or more newspapers circulating in its district and send a copy of the notice to any person who made representations relating to the proposed resolution.
(9) For the purposes of paragraph (a) of subsection (8), the first publication shall be not less than 28 days before the date specified in the resolution for it to take effect.
Licensing of street traders
5 Applications for the grant, renewal or variation of street trading licences
Applications for the grant, renewal or variation of street trading licences
(1) An application for the grant, renewal or variation of a street trading licence—
(a) shall be made under this section in writing, and in such form and at such time as the council to which the application is made may specify; and
(b) shall, if the council so requires, be accompanied by any fee (or such part as the council may determine of any fee) payable under section 15(1).
(2) An application for the grant of a street trading licence shall be made to the council for the district in which the applicant wishes to trade.
(3) An application for the renewal or variation of a street trading licence shall be made to the council that granted the licence.
(4) An application for the grant or renewal of a street trading licence shall state—
(a) the full name, address and date of birth of the applicant;
(b) whether the applicant wishes to trade as a stationary trader or as a mobile trader, and—
(i) where the applicant wishes to trade as a stationary trader, the street in which he wishes to trade and the location at which he wishes to have his street trading pitch; or
(ii) where the applicant wishes to trade as a mobile trader, the area or areas of the district in which he wishes to trade;
(c) the days on which and the times between which the applicant wishes to trade;
(d) the description of articles, things or services in which the applicant wishes to trade and the description of any receptacle he wishes to use in connection with his trading;
(e) the arrangements the applicant has made, or proposes to make, for storing such articles, things or receptacles.
(5) An application for the grant or renewal of a street trading licence shall, if the council so requires, be accompanied by 2 photographs of the applicant which are acceptable to the council.
(6) An application for a council to vary a street trading licence under section 11 shall state the manner in which the licence holder wishes the council to vary the conditions specified in the licence.
(7) An application under this section shall contain such further particulars, relevant to street trading, as the council may reasonably require.
(8) Where a council receives an application under this section, it shall within a reasonable time give notice in writing to the applicant of its decision with...
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