Licence - Street Trading

The selling, or exposure for sale, of goods in any area to which the public has access without payment is restricted throughout Torbay.  These restrictions are imposed by designating areas as “Prohibited Streets”, where no trading may take place, or “Consent Streets”, where it can, provided an appropriate permission has been obtained from the Council.  These arrangements also cover private land to which the public have access and in these cases Planning Consent may also be required. These restrictions will not affect trading from shops or the provision of services, such as hiring out surfboards or street photography, which may be covered by other legislation or regulations.

There are a number of exceptions to these requirements.  These include:

• Newspaper vendors without large stalls,
• Trading by bona fide pedlars acting under a Certificate granted by the Police.  Please note that the possession of a certificate in itself will not invalidate the Street Collection Regulations
• Trading in a properly constituted market/car boot sale

The Council can issue a variety of Consents, covering different trading periods from 1 day to 1 year.

Trading at a charitable fair may require Consent to cover the entire site and, provided that all the trading is for the benefit of the charity, no charge will be made.   If commercial traders are involved, each will, on application, be charged an appropriate fee.

The Regulations applicable to all Consents in Torbay are:

1. The Consent authorises the Holder to trade only in the goods described, between the times and in that Part of the Street Trading Schedule as so endorsed and, if necessary, so restricted, until the date of expiry unless previously surrendered or revoked.
2. No person other than the Holder shall be entitled to trade with the Consent unless and until that person's name shall first have been notified in writing to the Council and such particulars endorsed hereon.
3. The Consent does not relieve the holder, or any employee, of any obligation to comply with all other general and local legislation and, in particular, the Road Traffic Acts and any Orders or Regulations made there under, Food and Drugs Act, 1955 and any Orders or Regulations made there under, Town and Country Planning Acts, Control of Pollution Act 1974, Litter Acts and Local Byelaws.  It shall be the obligation of the Holder to familiarise himself and his employees with such legislation and the Consent may be revoked upon breach of any such legislation in addition to any penalty which may be incurred there under.
4. The Consent does not relieve the holder, or any employee, of any obligation to comply with all other general and local legislation and, in particular, the Road Traffic Acts and any Orders or Regulations made there under, Food and Drugs Act, 1955 and any Orders or Regulations made there under, Town and Country Planning Acts, Control of Pollution Act 1974, Litter Acts and Local Byelaws.  It shall be the obligation of the Holder to familiarise himself and his employees with such legislation and the Consent may be revoked upon breach of any such legislation in addition to any penalty which may be incurred there under.
5. The Consent shall be clearly displayed at the point of sale and produced for inspection at the request of an Authorised Officer of the Council or a Police Officer in uniform.
6. No vehicle, vessel or receptacle shall be used in the course of trading unless the details shall first have been submitted in writing to the Council and been specifically approved for use.  The appropriate vehicle, vessel or receptacle must, before being approved for use on any grant or renewal of the Consent, be submitted for inspection by the Council's Environmental Health Department and shall not be used unless and until that Department shall has confirmed it's suitability.
7. No trading whatsoever may take place upon any ornamental or cultivated areas (except grassed areas) and no vehicle or wheeled appliance of whatever description may be taken onto such areas, including grassed areas.
8. Any person trading with the authority of Consent shall move on when reasonably requested by an Authorised Officer of the Council or a Police Officer in uniform.

Street Trading Schedule

N.B. A street also includes all adjacent paved, ornamental, cultivated and grassed areas including those in private ownership.

PART A - Prohibited Streets where no trading may take place (excluding those areas detailed in Part B)

Torquay

1. All Roads and Highways within the area bounded by Seaway Lane, Old Mill Road (from it's junction with Seaway Lane), Avenue Road (to Torre Station), Newton Road (to Old Woods Hill), Old Woods Hill, Barton Road (to it's junction with Audley Avenue), Audley Avenue, Higher Audley Avenue, Teignmouth Road (between Penny's Hill and Trumlands Road), Trumlands Road, Church Road, Fore Street (between Church Road and St. Katherine's Road), Barewell Road, Westhill Road (between junction with Barewell Road and Chatto Road), Chatto Road, Wright's Lane, Lymington Road (between Wright's Lane and Castle Circus), Castle Circus, Castle Road, Wellington Road, Ellacombe Road, Market Street, Pimlico, Post Office Roundabout, Fleet Street (to the junction with the Terrace), The Terrace, Meadfoot Road, Park Hill Road, Beacon Hill and Terrace Victoria Parade, The Strand, Vaughan Parade, Vaughan Road, Torbay Road (to it's junction with Seaway Lane
2. All Roads and Highways within the area bounded by Hampton Avenue (from Babbacombe Road To Cliffside Road), Higher Downs Road, Babbacombe Downs Road (to the junction with Babbacombe Road), Babbacombe Road (to the junction with Hampton Avenue).
3. Shiphay Lane and Shiphay Avenue (from the junction with Newton Road to the junction with Dairy Hill).
4. Meadfoot Sea Road from Hesketh Crescent to Ilsham Road (including the area of land between Meadfoot Sea Road and the cliff, not forming part of the highway).
5. Lane at Gallows Gate (between the junction with Stanton Lane and Marldon Road).

Paignton

1. All Roads and Highways within the area bounded by Fisher Street, Winner Street, Cecil Road (to the junction with Torquay Road), Torquay Road (between Cecil Road and Lower Polsham Road), Lower Polsham Road (between Torquay Road and Mead Lane), Mead Lane, Upper Morin Road, Morin Road, Seaway Road (between Morin Road and Marine Parade), Marine Parade, Marine Drive and Promenade, The Esplanade, Esplanade Road, Roundham Road (between Sands Road and Cliff Road), Sands Road, Whitstone Road (over Railway Bridge to junction with Dartmouth Road), Dartmouth Road to it's junction with Fisher Street.
2. Waterleat Road, Kings Ash Road (between Waterleat Road and Totnes Road), Brixham Road (between Totnes Road and Batterways Road), Batterways Road, Totnes Road (between  Batterways Road and Waterleat Road).

Brixham

1. The roads and highways hereafter listed and to include the area bounded by Fore Street, Middle Street, New Road (from Lower Manor Road to Bolton Cross), Middle Street, The Quay, Overgang Road (to the junction with North Furzeham Road), The Strand, King Street (to the junction with Berry Head Road), Fore Street, Bolton Street (to the junction with Windmill Hill.
2. Greenway Road for some 200 yards either side of Churston Grammar School.

All Areas - Miscellaneous

All Parks and Open Spaces, all Beaches and Coastal Lands, All Harbour Estates, All Off- Street Parking Places Listed in the Borough of Torbay (Off Street Parking Places) Order 1984 and any amendment thereof, All Coastal Footpaths, all other Public Footpaths, the Car Park Approach Road and Verges at St. Mary's Bay, Brixham.

PART B - Restricted Consent Streets where, in addition to a Consent issued under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, the specific consent of Torbay Council as Landlord must have been obtained for the use of the land.  In these circumstances, the terms imposed by the Landlord take precedence over the conditions imposed hereunder.

Streets

• Torquay
  • Lower Union Lane - Small area of land adjacent to the Highway situated between the Car Park Entrance ramp and pedestrian entrance door.
  • Temperance Street - Small area of land adjacent to the Highway situated next to pedestrian entrance door at North West end of Car Park.

Parks and Open Spaces

• Torquay
  • Torre Abbey Meadows, Abbey Park, Babbacombe Downs, Cockington Court, Daddyhole Plain, Ellacombe Green, Torre Valley (North and South), Walls Hill, Princess Gardens.
• Paignton
  • Clennon Valley, Goodrington South Sands, Paignton Green, Queens Park, Torbay Park, Victoria Park.
• Brixham
  • St. Mary's Park, Upper Furzeham Green.

Beaches, Sea Fronts, Coastal Lands, Harbours

• TORQUAY
  Torre Abbey Sands, Inner Harbour Slipway.
• Brixham
  The Strand, The Quay, The Old Fish Market

Car Parks

• Torquay
  • The Terrace, Beacon Quay, Model Village, Kilmorie (Meadfoot Sea Road).
• Paignton
  • Victoria Centre, Broadsands, Clennon Valley.
• Brixham
  • Galmpton Warborough, Brixham Multi-Storey and adjacent surface car parks

PART C - Consent Streets where trading may only take place under a formal Consent issued by the Council

All other streets within the Borough of Torbay. If the land is private, however, additional proof of permission will be needed from the private land owner.

There are two application forms, plus a copy of the prohibited and consent area (notes printed above), available for download. One application is for all but charitable trading, while the other is for charitable events only.

For further information please contact the Licensing Team.

Consent Area Notes ST006

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Last updated : 02.12.2008, 12:29:14