Street trading

The licence

Apply

Street trading requires a Brent licensing officer's consent before application can be made. Please do not apply unless you have this. You will be sent the application form after that consent has been given.

Licence summary

Only persons licensed by Brent Council's Health Safety and Licensing Section may trade from the street.

A street includes any road, footway or other area that is within seven metres of a road or footway and is not enclosed and to which the public have access without payment.

Street trading means the selling, exposing for sale or offering for sale of any article (including a living thing) or the supplying or offering to supply any service in a street for gain or reward.

Eligibility criteria

Licences can only be issued for the 50 or so designated sites in the borough and there is a waiting list for these sites.

Where a person wishes to trade from a place that is not a designated site Licensing Inspectors will consider designating that place as a licence site.

Any person displaying goods outside their shop needs to have a street trading licence unless they own the forecourt to the shop. This also applies to the licensing of pavement cafes.

In special circumstances a temporary licence may be issued for places that are not licence sites.

Licences are renewed on 1st. April each year, and application for renewal must be made in the January of the year that the licence is to be renewed.

Regulation summary
Street trading within the London Borough of Brent is controlled by Part III of the London Local Authorities Act 1990 and the amendments to that Act.

Application evaluation process

Application for a licence must be made to Brent Council's Safer Streets Department with the application fee.

Two colour passport-sized photographs taken within the last six months, a proof of current address and a copy of your public liability insurance must also be submitted.  Only one photograph in jpeg format is required for online applications.

Plans and attached documents submitted by the applicant should be clear and legible in all material respects, capable of being read, reproduced in written form and used for subsequent reference by our inspectors and responsible authorities. Where this is not the case the applicant / agent will be contacted to resubmit the plans.

In addition to the application fee there is a daily charge for each day that the licence allows you to trade.  This charge is based on the area you occupy and is payable monthly, one month in advance.

Licence conditions

Each street trading licence issued by Brent Council is subject to standard licence conditions.  Amongst other matters these conditions relate to matters such as:-
            a)    the name of the person who may trade;
            b)    the goods that may be sold;
            c)    the exact site where trading may take place;
            d)    the days and times when trading can take place;
            e)    displaying the licence holders name and licence number;
            f)     employment of school children;
            g)    heating and lighting arrangements;
            h)    disposal of rubbish.

A copy of the standard conditions relating to street trading is available on request.

In addition to the standard conditions special conditions may also apply to an individual licence.

The Act requires licence holders to personally avail themselves fully of their licence and therefore traders will be expected to be present at their stall for two thirds of each working day unless they have written permission from the Council for other arrangements.

Offences and fines

Any person guilty of contravening a licence condition shall on conviction be liable to a fine not exceeding £1,000.

Any person guilty of making a false statement when applying for a licence shall on conviction be liable to a fine not exceeding £1,000.

Any person who obstructs an authorised Licensing Inspector shall on conviction be liable to a fine not exceeding £1,000.

Any trader who fails to produce his licence on demand shall on conviction be liable to a fine not exceeding £1,000.

Any person guilty of street trading without a licence shall on conviction be liable to a fine not exceeding £1,000.

Where an authorised Licensing Inspector or Police Constable has reasonable grounds for suspecting that a person has street traded without a licence, the articles or things being offered or exposed for sale may be seized (providing they are not of a perishable nature) and produced as evidence in any proceedings.

Tacit consent

This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period. Street trading applications will be processed on receipt of all valid documentation and fees.  If you receive no further contact from us within the stated timescale in the application acknowledgement then tacit authorisation applies.  Where matters arise with regards to the application giving need for an extension of the processing period the applicant / agent will be notified.

Failed application redress

The council will serve a notice of its intention to refuse an application for a licence. Notice to make a representation must be made from the applicant in writing to the council within 7 days of the date of the notice.

After determination, if the applicant is still aggrieved he may appeal to the local Magistrates Court within 21 days of the determination.

Licence holder redress

A licence holder may apply to alter a condition attached to a licence.

The council will serve a notice of its intention to refuse an application, for alteration of a licence, to grant an application subject to conditions, to vary conditions without an application or to revoke a licence.

Representations can be made in writing to the council within 21 days of the date of the notice.

Consumer complaint

This authority is under a duty to protect the public funds it administers, and to this end may use the information you have provided on this form for the prevention and detection of fraud. It may also share this information with law enforcement agencies and other bodies responsible for auditing or administering public funds for these purposes.

 

Ice cream vans

Ice cream vans may trade as ‘itinerant traders’ going from place to place remaining in any one location in course of trading for periods of 15 minutes or less and not returning to that location or any location in the same street on the same day.

This means you can travel down the streets of Brent, briefly sound your chimes and await people coming out of nearby properties to make a purchase. Once a queue of customers have been served you shall move further along the road or the next street to repeat the procedure.

However, there are some roads in which trading are not permitted. In accordance with Section 37 (2) of the London Local Authorities Act 1990 Brent Council prohibits iterant ice cream trading in the following streets or parts of the streets within the London Borough of Brent.

Wembley area

(a) Bridge Road
(b) Wembley Hill Road
(c) Wembley Park Drive
(d) Empire Way
(e) South Way
(f) Royal Route
(g) Stadium Way
(h) Engineers Way
(i) Olympic Way
(j) Fulton Road
(k) Brook Avenue
(l) Lakeside Way
(m) Great Central Way
(n) First Way
(o) Second Way
(p) High Road
(q) Ealing Road

Kilburn Area

(r) Kilburn High Road

Willesden / Harlesden

(s) High Road Willesden
(t) High Street Harlesden

This includes any side streets (within 500 metres) that are adjacent to any of the streets listed above (a-r). Within any street you are not allowed to trade within 100 metres of any exit used by children from following premises.

  • Primary schools
  • Under 5’s centres
  • Day nurseries
  • Secondary schools
  • Special schools

Traders convicted of unlicensed street trading face a daily fine up to £1,000. If you are seen trading after being convicted, Police and council officials can seize your vehicle and articles (including perishable goods).

Failure to comply may result in enforcement action and the seizure of goods and vehicle.