STREET TRADING CONSENT 2015

SCHEDULE OF CONDITIONS

Definitions:

“Consent” means the permission granted in accordance with Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982

“Consent Holder” means the person named on the Consent

“Council” means Charnwood Borough Council and includes any person appointed by or acting on behalf of the Council for the purposes of any function under the provisions of these Regulations, including for the avoidance of doubt the Market, Fairs and Town Centre Operations Manager and all other Officers under his control;

“Market” means any retail market, vintage market, Christmas market, farmers market or any other market the Council may from time to time hold at their discretion;

“Special Event” means any event organised by the Council or a partner of the Council. No more than 10 Special Events will take place during a 12 month period.

“Street Trading Site” means the area outlined in red on the plan attached to the Consent

1.  All applications for a Consent and for the renewal of a Consent shall be made in writing to the Council. The Council will grant a Consent if they think fit. There is no automatic right of renewal of a Consent.

2.  The Council retains the right to revoke the Consent without notice and without being liable to the Consent Holder or any other persons for any loss sustained directly or indirectly, if it is considered to be in the best interests of the Council and, if in the opinion of the Director of Leisure and Environment, that such action is necessary.

3.  The Consent may be revoked by the Council at any time or surrendered by the Consent Holder at any time, providing that the Council shall repay to the Consent Holder that part of the consent fee considered by the Council appropriate for the unexpired period of the Consent, less an amount considered appropriate for administration purposes, being not less than 25% of the annual fee.

4.  The Consent is personal to the Consent Holder and shall not be assigned or transferred to any other person or company.

5.  Any Consent Holder who wishes to employ an assistant who will be left in sole charge of the Street Trading Site during trading shall be required to ensure that said staff are demonstrably competent with regard to hygiene and health and safety matters.

6.  A copy of the Consent must be prominently displayed at the Street Trading Site to which it relates so that it can be seen and read by persons intending to purchase any article.

7.  The Consent Holder shall not trade outside the time and days permitted by the Consent.

8.  The area covered by the Consent must have been approved by Charnwood Borough Council as appropriate for the conduct of outdoor trading and all operations shall take place within the said area.

9.  The Consent fees will be fixed by the Council and shall be paid to the Director of Leisure and Environment or other duly appointed officer on demand. A receipt will be issued in respect of all fees paid. The Consent fees may be altered at the discretion of the Council. Any alteration to fees will come into effect at the grant of a new Consent.

10. The Consent Holder shall produce his Consent if required to do so by a Police Officer or an authorised officer of the Council at the time or within a period of 48 hours from the request being made by any such officer either to Loughborough Police Station or to the Markets and Fairs Department, Charnwood Borough Council.

11. The Consent Holder shall not trade in such a way that is likely to cause undue obstruction of any part of any street, public place or premises.

12. The Consent Holder shall not trade in such a way that is likely to cause injury to any person using the street or public place.

13. The Consent Holder shall not trade in such a way that is likely to cause damage to any property in the street or public place.

14. The Consent Holder shall not trade in such a way as to cause a nuisance or annoyance to persons using the street or public place, or to occupiers of premises in the vicinity. Noise from equipment used will not be persistently audible in nearby residences or business premises.

15. The Consent Holder shall not sell any type of food, goods or merchandise other than those specified in the Consent.

16. The Consent Holder shall provide and maintain adequate refuse receptacles for litter and shall remove all litter in the vicinity of the Street Trading Site. The surrounding area shall be kept clean and tidy. The Consent Holder may be recharged for additional cleansing or refuse collection required as a result of their trading activity.

17. The Consent Holder shall be responsible for any damage to the highway resulting from their trading activity and may be recharged for any repairs required as a result of such damage.

18. The Consent Holder shall make such provision as is necessary to prevent the deposit in any street of solid or liquid refuse and shall not discharge any water to the street surface or to the surface water drains.

19. The Consent Holder shall not use any television, amplifier or other device for the reproduction or amplification of sound whilst trading which is audible beyond 10 metres of the site or without the use of appropriate licenses.

20. Any vehicle, stall or container used by the Consent Holder in the course of trading shall be constructed and maintained in accordance with any relevant legislation and to the satisfaction of all reasonable requirements of the Council as to its construction, safety, appearance, hygiene standards and display of advertisements. A high standard of presentation and appearance will be expected.

21. The use and storage of diesel or other flammable liquids or substance shall comply with the requirements of any relevant legislation, the Council and of the Fire Service. The Council must be informed of their use and storage.

22. The Consent Holder must vacate and move any van, barrow, stall etc. from the Street Trading Site immediately upon the instruction of a Police or Fire Officer.

23. The Consent does not imply exclusive rights over the Street Trading Site and access shall be given to Council, statutory undertakers or any other body acting with the authority of the Council or its agents.

24. The Consent Holder shall at all times maintain a valid Third Party Public Liability Insurance Policy to the satisfaction of the Director of Leisure and Environment and shall produce a valid certificate of such insurance at any time upon the request of that officer.

25. Where fairground equipment is used, such equipment shall have current mechanical and electrical test certification (NDT, ADIPS and PAT Testing). Evidence of certification shall be produced on request of the Director of Leisure and Environment or other duly authorised officer.

26. Any fairground equipment shall be operated in accordance with Health and Safety Executive guidance.

27. Nothing contained in these conditions shall relieve or excuse the Consent Holder or his employees or agents from any legal duty or liability and the Consent Holder shall indemnify the Council in respect of all claims, actions, demands or costs arising from the Consent.

28. Where an annual consent has been issued the Consent Holder shall be expected to be in regular attendance at the site.

29. The Consent Holder shall at all times conduct his business in a clean, honest, civil and businesslike manner without interfering with the business of other traders and Consent Holders and always in compliance with any reasonable instructions given from time to time by the Director of Leisure and Environment or other duly authorised officer.

30. The Consent Holder must confine and sell goods and merchandise within the area of the trading site as approved and may not erect additional tables, awnings, ‘A’ frames or other structures without the written permission from the Director of Leisure and Environment.

31. Where Street Trading includes the provision of food and drink, any van, barrow, vehicle or stall used shall be designed, constructed and kept clean and maintained in good repair and condition so as to avoid risk of contaminating food stuffs and harbouring pests. The Consent Holder shall maintain a high degree of personal cleanliness and shall wear suitable, clean and where appropriate, protective clothing. In addition, the Consent Holder shall ensure that:

·  Appropriate facilities are available to maintain adequate personal hygiene (including facilities for the hygienic washing and drying of hands, hygienic sanitary arrangements and changing facilities).

·  Surfaces in contact with food are in a sound condition, easy to clean and/or disinfected.

·  Adequate provision is made for the cleaning and, where necessary, disinfecting of work utensils and equipment.

·  Adequate provision is made for the cleaning of foodstuffs.

·  An adequate supply of hot and/or cold wholesome water is available.

·  Adequate arrangements and/or facilities for the hygienic storage and disposal of hazardous and/or inedible substances and waste (whether liquid or solid) are available.

·  Adequate facilities and/or arrangements for maintaining and monitoring suitable food temperature conditions are available.

·  Foodstuffs are so places as to avoid, so far as is reasonably practicable, the risk of contamination.

·  All food handlers must be supervised and instructed and/or trained in food hygiene matters commensurate with their work activities.

·  To provide a documented food safety management system and procedures, e.g. Safer Food Better Business manual, to ensure food provided to customers is safe.

32. The Consent Holder shall ensure that the food business is registered where appropriate under the Food Safety and Hygiene (England) Regulations 2013 as amended; with the local authority where the movable premises are kept.

33. Any lighting provided at the Street Trading Site by the Consent Holder must be approved by the Director of Leisure and Environment. In some locations additional lighting may be required. This shall be contained within the terms of the permit.

34. Strobe lights are prohibited.

35. The Consent Holder shall ensure that suitable fire extinguishers are immediately available at the Street Trading Site if required by the Fire Service or the Director of Leisure and Environment, and that a competent staff member is trained in their use.

36. If fire extinguishers are required they must be maintained in a satisfactory condition and regularly checked by a competent person.

37. Street Trading Consent Holders must not park vehicles or place structures in the vicinity of a Street Trading Site so as to obstruct street parking or access facilities available to members of the public visiting the area.

38. Advertisements or other notices must not be placed outside the perimeter of the Street Trading Site, without approval of the Director of Leisure and Environment.

39. The Consent does not authorise trading at the Street Trading Site on those days where a Market is being held. If the Consent Holder wishes to trade on the days when a Market is being held they may apply to the Council to become a market trader.

40. The Consent does not authorise trading at the Street Trading Site on those days where the Loughborough Markets and Fairs Charter applies, unless written permission from the Director of Leisure and Environment is provided.

41. The Consent does not authorise trading at the Street Trading Site on those days where a Special Event is being held, unless written permission from the Director of Leisure and Environment is provided. The Consent Holder will be provided with at least 28 days notice of the date of any Special Event by the Council. The Council may, at their discretion, offer an alternative site for the Consent Holder to trade from during a Special Event if it is possible or practical to do so.

42. The conditions attached to the Consent may be reviewed by the Council at any time. Any amendments to these conditions will be notified to the Consent Holder and will take effect on the date the notification is received by the Consent Holder.

STC10 1Apr 2015