Wood Lane street trading standard conditions

These Regulations have been made by the Hammersmith and Fulham council, under Part III of The London Local Authorities Act 1990 (as amended).

These regulations prescribe the street trading standard conditions which apply to street trading activities within Hammersmith and Fulham.

Definitions

• View a list of expressions used on this page
  

  Act

  The London Local Authorities Act 1990 (LLAA) Part III as amended by any further London Local Authorities Acts ("the Act").

  Advertisement

  Any work, letter, model, sign, placard, board, notice, whether illuminated or not, in the nature, and employed wholly or partly for the purpose of, advertisement, announcement or direction and includes any hoarding or similar structure or any balloon used, or adapted for use for the display of advertisements and references to the display of advertisement shall be constructed accordingly.

  Authorised Officer

  An enforcement or street market officer authorised as required by the Act.

  Awning

  A sheet of canvas or other materials, used as a protection against the weather, which projects as an extension of the roof or beyond the structure of the stall.

  Carriageway

  The part of the road which is used by vehicles.

  Casual Trader

  A trader who does not have a permanent pitch must contact the Market Office at least one day in advance of the day before they wish to trade and pay for a pitch.

  Commodities

  Any goods, wares or merchandise for sale or on display at a Licensed Street Trader Pitch.

  Consent

  Permission.

  Director

  The officer who is authorised to determine recommendations for revocation of Street Trading Licences due to non-payment of fees.

  Fees

  The charge/amount due in advance to pay for street trading.

  Fixed Penalty Notice (FPN)

  An FPN is an opportunity to discharge of any liability to conviction for that offence.

  Helper

  Someone who helps out on the stall but does not handle money or other forms of payment and should not be left alone (without the licenced trader or registered assistant).

  Highway

  A route or area which all persons can use to pass and repass along as often and whenever they wish without hindrance and without charge; this includes carriageway, footway and any part of that area where the public have access and which may be in public or private ownership.

  Isolated Street Traders

  A licenced street trader within the borough whose licenced pitch is not on Lyric Square, North End Road or Jerdan Place.

  Licenced Sub Committee

  The Licenced Sub Committee who will determine recommendations for revocation of Street Trading Licences due to misconduct, non-payment of fees or other as determined by the Act.

  Licenced Street Trader

  Means any person who is licenced for street trading under Part III of the Act

  Licenced Street Trading Pitch

  Means a pitch in any street authorised as a place at which street trading may be engaged in by a street trader, and includes any temporary alternative place approved by the Council or a duly authorised officer of the Council.

  Overpitching

  This is when a trader trades outwith the boundaries of his/her pitch or agreed site.

  Permanent Licence

  A licence granted under the Act and is valid for the period specified therein being not less than six months and not more than one year.

  Pitch Limits

  Means the authorised ground markings or other agreed pitch sizes defining the area within which a street trading stall is to be contained. Pitch limits include all awnings and do not allow for overhanging of goods.

  Premises

  Means any shop, house or block of flats immediately behind the licenced pitch.

  Receptacle

  A vehicle or stall, any basket, bag, box, vessel, stand, easel, board, tray or item used (whether or not constructed or adapted for such use) as a container for or for displaying any item or equipment used to provide any service.

  Refuse

  Waste which has been generated in the course of a Licenced Street Trader's business activity including fruit and vegetable waste, cardboard, paper, small plastic items and other non-perishable waste.

  Registered Assistant

  A person employed by and acting under the directions of a trader to assist him/her about the business of the stall and whose name and address has been registered with the Council as part of the license conditions.

  Regulations

  Refers to the contents of this document and is often referred to as Street Trading Standard Conditions.

  Restocking

  Replacing stock that has been sold with new stock.

  Stall

  Means any structure, box, table, stand or thing used by a trader for the display of goods, or in connection with his or her business, and which occupies a licenced street trading pitch; and includes all goods offered or to be offered for sale and any additional structure or equipment used as part of the stall or business. This includes all rubbish created by the trader from the use of the stall or in connection with his or her business.

  Setting Up

  Putting stock on pitch or stall within the agreed timescales.

  Setting Down

  Unloading or removing stock from pitch or stall or from a vehicle within the agreed timelines.

  Street

  Shall have the meaning described in section 21(1) of the Act.

  Street Trading

  Shall have the meaning described in section 21(1) of the Act

  Street Trading Licence

  A Permanent or Temporary street-trading licence we have issued.

  Table or Stall Covering

  A cover which covers the full length of your pitch to floor (not showing receptacles or items stored underneath).

  Temporary Licences

  A licence granted under the Act valid for a single day or for a period not exceeding 6 months.

  The Council

  Means Hammersmith and Fulham Council.

  The Footpath

  The pedestrian walkway.

  We/Us

  Hammersmith and Fulham Council.

  You

  The individual who is the holder of a street-trading licence we have issued or a registered assistant acting on your behalf.

  Zero Tolerance

  Includes but is not limited to: Violence or threats of violence towards any person; abusive or insulting words, remarks or behavior; damage, threats or damage to property belonging to another person; writing threatening, abusive or insulting graffiti.

General

The granting of a street trading licence shall not be deemed to give any approval or consent which may be needed under any Bye-law, enactment or regulation other than Part III of the London Local Authorities Act 1990 (as amended).

These Standard Conditions may be dispensed with or modified by the Council in any individual case by means of a licence variation in accordance with the statutory requirements.

Where in these Standard Conditions there is reference to the consent or agreement of the Council such consent or agreement may be given on such standard conditions and subject to such restrictions as may be so justified.

If a trader wishes any of the terms of a licence to be varied, an application must be made in writing to the Council in accordance with the statutory requirements.

Licences

All applications for the grant, renewal or variation of a Street Trading Licence will be decided by the street trading team. Applicants should contact the street trading office at least one month before their anticipated trading date. An interview will be held with the applicant and a decision will then be taken. The applicant will be notified by the street trading team of the decision reached.

Licenced Street Traders are required to provide the Council with two identical full face passport-size photographs of themselves when applying for or renewing a Street Trading Licence. One of the photographs will be attached to the Street Trading Licence which must be displayed by the licenced street trader at all times when trading.

The other photograph, which must be signed on the reverse by the trader, will be kept on the traders file. It is the Trader's responsibility to ensure that all documents requested for any application for a grant, renewal or variation of a licence is provided;

Other documents required: A copy of a valid UK passport, proof of address and national insurance number. Also, evidence of having £10 million Public Liability insurance cover and £5 million employees' liability insurance if employing staff.

A licence fee is payable to the Council for the grant or renewal of a Street Trading Licence. The fees can be found on the www.lbhf.gov.uk. Licence fees must be paid at the time of application.

All temporary traders must pay their fees one week in advance, by Wednesday 4 pm the week before trading.

Traders wishing to sell food commodities must first of all register their food business with the local authority for the area in which their business is based.

Traders selling food commodities must have completed an approved food hygiene course. All staff employed by the trader must also have completed an approved food hygiene course unless the licenced trader has achieved level 2 or above. The qualification must not be older than three years at the time of the application.

A Street Trading Licence will be invalid once it is surrendered to the Council by the Licenced Street Trader. The Council will provide a receipt for the surrendered licence. All fees and charges must be paid up to and including the day accepted by the Council in writing as the day of surrender of the licence.

Pitch position

The trader shall trade only from the pitch position, as indicated on the licence and must stay within any pitch limits marked on the ground or as stated on the licence. This can be varied at any time at the discretion of the Council.

All goods, containers or other articles shall be contained within the licenced pitch area (no overhanging of goods or overpitching permitted).

The public highway or other pedestrian access must not be blocked with any stock, wheelbarrows, trolleys, rubbish, persons, A-Board etc. to ensure that access for pedestrians and traffic is not obstructed.

Commodities

Only those commodities specified on the licence may be sold from the licenced street trading pitch.

Any requests to the council to change the commodity specified on the licence may be made with the annual renewal application. If a trader wishes to change a commodity in between the licence renewal period there will be a charge of £21. The council has the right to refuse a change of commodity.

Traders are responsible for ensuring their contact details are up to date and ensure the street trading team is notified in writing of any changes to these within seven days.

Days and times of trading

Trading may only take place on the days and during the times specified on the licence.

Traders must commence trading by 8:00am. If a trader is unable to trade they must notify the Council immediately (9.00am at the latest). The council may re-let any pitch that has not been occupied by 9.00am to a temporary licence holder. No refunds will be given to temporary traders, if they fail to trade regardless of the weather condition or other issues.

The council has the right to call off the day's trading at short notice in the event of adverse weather conditions and where the council feels that there is a health and safety risk to the traders or members of the public.

Unless fixed and provided by the council, stalls and goods shall be removed from all trading pitches and placed in storage at the end of the trading day.

Traders must set up and dismantle stalls within an hour of start and finish times (with the exceptions of football traders who have two hours) before kickoff and two hours after the final whistle.

General rules of trading

The trader must trade in person on the pitch for which they are licenced.

Only assistants whose details have been registered with the Council are permitted to trade.

All traders must advise the council if for any reason they may be absent from the stall on any day or for a period of time on a day that they would normally trade eg due to illness, holidays etc. The council may then permit any registered assistant to manage the stall during this period. A doctor's certificate must be presented to the council if sickness prevents a licence holder from trading for more than one week.

Traders must not sub-let their pitch.

Licence holders must be on site at least part of the day.

Zero tolerance

Licenced traders should ensure the public are treated fairly and with courtesy. Traders should not harass or discriminate against any person including other traders or members of the public.

Licenced traders should ensure that their employees are competent, courteous and helpful.

Licenced traders shall give every assistance to council officers in carrying out their duties and adhere to the councils zero tolerance policy.

Should not encroach outside of their pitch area and thus obstruct the public highway

Display of license plates

The licence plate supplied by the council should be displayed clearly at all times whilst trading.

No advertisements to be displayed on a pitch other than offers related to commodities or services for that pitch.

Waste

The trader is responsible for disposing of any waste arising from the business and should ensure that it is disposed of in suitable bags provided by the council as part of the licence fee. Refuse must not be allowed to accumulate within or around the pitch area. The area around the pitch should be left in a reasonable condition at the end of the trading day.

Refuse should be placed on the kerbside ready for collection at the end of each trading day.

Any trader using oil or fat for cooking should ensure that the leftover oil or fat is taken away by the trader and disposed of in a responsible manner i.e registered with a waste carrier. Oil or fat should not be poured into the drains under any circumstances. Any spillages should be cleaned up immediately.

Sing use plastic items and recycling

All traders are expected to cease using single-use plastic within 2 months of starting to trade at Wood Lane.

Traders will be encouraged to recycle all waste coming from their business. Free recycling bags will be given for the first 3-month period.

Health and safety and food safety

All licenced traders must ensure that they comply with the requirements of the Health and Safety at Work etc. Act 1974 and regulations made thereunder. Similarly, they are reminded of their civil law duty of care to the public. This includes the provision of safe equipment and articles used in connection with their trading activities.

Heat producing equipment shall be so placed within the trading area so as to offer maximum safety to public. The position of such equipment in relation to other goods or materials shall be agreed with Council's officers. Gas bottles must be secured at all times.

All licenced traders must ensure they comply with the requirements of the Food Safety Act 1990, Food Safety and Hygiene (England) Regulations 2013, General Food Regulations 2004, Food Information Regulations 2014, Regulations (EC) 852/2004, Regulations (EC) 178/2002 and regulations made thereunder.

An annual gas safety certificate is required for any appliances used in cooking.

Services and amenities

The only connection between stalls on the footway and other stalls or premises shall be for the purposes of electric lighting or other agreed services; and any such electrical or other connections shall be readily detachable and the detailed arrangements agreed with the council.

All electrical equipment, including connectors and adaptors, that are used by the stall holder must comply with the Electricity at Work Regulations 1989 and the current edition of the Institute of Electrical Engineers (I.E.E.) Wiring Regulations. Electrical power shall only be used for the purposes of lighting and the operation of electrical scales and tills and the testing of electrical goods. Any conductors that are suspended over the public footway shall have a minimum clearance of 2.6m (8'6") from the surface of the carriageway.

Licence holders shall not use electrical generators or gas bottles unless the council has given approval. Traders should not use diesel generators - battery power supply is preferred.

They shall also only be positioned so that:

1. They do not present a danger to the passing public
2. They do not present a fire or similar hazard risk to stall or goods displayed thereon
3. They do not cause any noise or fume nuisance
4. Any inflammable fuel is stored away from the stall in a London Fire and Emergency Planning Authority approved container
5. They are kept secure at all times

Headroom

The distance above ground level of any part of any roof, awning or support of the stall or any goods suspended from the stall should be at least 2.6m (8'6"), unless written permission is given from the council. The roof awning or any other projection must be contained within the pitch area.

Removal of stalls

Traders and their assistants must remove their stall and goods in the event of an emergency or in exercise of the council's powers and duties, if requested to do so by a police officer or a duly authorised officer of the council. To note this could be at short notice if urgent works need to be carried out.

If a trader is asked to move pitch or cease to trade in the event of temporary or emergency works being carried out, the council will not be responsible for any loss of income to the trader arising as a result of the move or cessation of trading. The council will not be responsible for providing electricity or other amenities in the event of the trader having to move pitches or cease to trade.

Trader's vehicle

Traders must abide by any parking restrictions imposed in the area in which they trade.

Traders' vehicles may only be parked in the approved parking spaces for the purpose of loading and unloading goods. Such loading and unloading must be carried out as quickly as possible and the vehicle removed immediately on completion to a metered parking bay or car park.

The parking of vehicles in vacant pitch bays constitutes a breach of licence conditions and this may result in a trader being recommended for revocation of their licence.

Damage

Traders must not intentionally permit stalls or accessories to cause damage to the carriageway or footway.

Vehicles used by the stallholders must not mount the footway at any time.

Assistants

Traders must name and register any assistants they employ on the street trading application form or renewal form. If new assistants are employed in between licence renewals, traders must notify the council in writing and provide all relevant documentation seven working days before the assistance commences working on the pitch.

Radios and music

Traders should not use a radio, amplifier or other apparatus to produce music or other sounds except within a closed vehicle and at a reasonable volume.

Revocation and variation of licences

Warnings to traders may be given by enforcement offices in the form of FPNs. Once a trader receives two FPNs, they may be then recommended for revocation of their licence due to misconduct.

Any trader found to be in breach of their standard licence conditions may be recommended to the director or Licencing Sub-Committee for revocation of their licence.

The director will hear all applications for revocation regarding any non-payment of fees.

The Licencing Sub-Committee will hear all applications for revocation for any other forms of misconduct in accordance with the Act.

Any contravention of these standard licence conditions by a registered assistant shall be deemed to be a contravention by the trader whether the trader was present at the time of the contravention or not.