Street trading

Trading from the highway is discouraged for safety reasons, but it is recognised that there can be situations where trading may be carried out in a safe manner, and may have benefits to the highway user.

Planning permission may be required, and other legislation may be applicable.

Where trading from the highway is likely to have an adverse effect on safety or likely to cause a significant obstruction, the Council takes appropriate measures to keep the highway safe for road users.

Wiltshire Council adopted a Harmonised Street Trading Policy in April 2012.

Street trading is defined within the policy as selling, exposing or offering articles for sale in a street.

This includes:

• trading from mobile and static structures, including kiosks
• the sale of food and drink
• ice-cream vans (excluding motorised ice-cream vans which keep moving from street to street not stopping in one place for longer than fifteen minutes)
• mobile artists and musicians who sell their recorded work on the street
• the sale of Christmas trees and other festive items

This does not include:

• the contractual sign-up of gas, electricity or other domestic services
• subscriptions to motor breakdown organisations
• handing out literature for goods, services or venues

Wiltshire Council's street trading policy aims to:

• create a street trading environment that complements premises based trading
• promote fairness and consistency across the county
• improve the local environment
• be sensitive to the needs and concerns of residents
• involve local communities in street trading decisions
• control trading through a fair and proportionate enforcement procedure

As stated in Wiltshire Council's policy some types of street trading are legally exempt from the need to obtain a Street Trading Consent.

A Street Trading Consent is not required if you are:

• a pedlar with a valid pedlar's certificate issued by a chief constable of police
• trading in a charter market or a statutory market
• trading in a trunk road picnic area under the Highways Act 1980
• trading as a newsvendor within a maximum area of 0.25 square metres and only sell newspapers and periodicals
• trading as a roundsman
• undertaking a permitted street collection
• trading on premises used as a petrol station or on the street adjoining premises used as a petrol station and you own the shop or petrol station
• trading in a kiosk placed on a highway under the Highways Act 1980
• operating refreshment facilities under the Highways Act 1980

As a matter of Council policy a Wiltshire Council Street Trading Consent will not be required for the following activities:

• trading on private land (including land owned, leased or maintained by a town/parish council) where this is not a road, road lay-by, car park or industrial estate with public vehicular/foot access or within 10 metres of any road, road lay-by, car park or industrial estate with public access
• trading in a market run by Wiltshire Council. A list of current markets run by the council can be obtained from the council's website or our markets team
• trading in a market run by a town/parish council
• trading from a motorised ice-cream van that keeps moving from street to street not stopping in one place for longer than fifteen minutes
• fêtes, carnivals or similar community based and run events, for example Christmas lights switch-on events
• non-commercial, community or charitable events where the profits are not used for private gain or are wholly passed to a charity or political/educational organisation

Further details and information about fees can be found in the street trading forms and guidelines section.

Email: streettrading@wiltshire.gov.uk (opens new window)

Environment Services
Wiltshire Council
Kennet House
Devizes
Wiltshire
SN10 2ET