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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; “Restricted Consent Streets” where trading can take place, provided an appropriate permission has been obtained from the Council or 'Consent Streets', where Street Trading can take place. These arrangements also cover private land to which the public have access and in these cases, permission of the land owner is required. AdditionallyPlanning Consent may also be required for private land or for temporary structures. Temporary structures include mobile vans using the same location over a period of time.
If your street trading vehicle is going to be located in a single location, you may need planning permission. Contact them on 01803 207801. Additionally if you intend to sell food you will need to be registered as a food business. You must register your business with the Council’s Food and Safety Team at least 28 days prior to trading. Their contact number is 01803 208010 to get a registration form or download the registration form. Failure to register your business is an offence.
These restrictions will not affect trading from shops or the use of shop fronts on the highways. This is not classified as Street Trading, providing it is the same business, but permission will need to be sought from the Highways Department.
Trading in Town Centre/BID areas
Should you wish to trade in any of the areas currently covered by Business Improvement Districts consent must be obtained from the Torbay Town Centres Company 
, prior to applying for a street trading licence. Currently these areas include Torquay Town Centre and Paignton Town Centre.
, prior to applying for a street trading licence. Currently these areas include Torquay Town Centre and Paignton Town Centre.For Torquay
Torbay Town Centres Company Ltd
Unit B The Market Forum
Market Street
Torquay
TQ1 3AE
Tel: (01803) 212270
For Paignton
Torbay Town Centres Company Ltd
22A Russell House
Hyde Road
Paignton
TQ4 5BY
Tel: (01803) 555630
Exemptions
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
Consents and Fees
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.
| Type of Registration | Fee |
|---|---|
| Annual Street Trading Licence | £710.00 |
| Seasonal Street Trading Licence | £560.00 |
| 3 Month Street Trading Licence | £315.00 |
| 1 Month Street Trading Licence | £135.00 |
| Daily Street Trading Licence | £95.00 |
Street Trading Fees for Events Supported by Torbay Council
| Traders / Days * | 1-3 days | 4-6 days | 7-9 days | 10-12 days | 13-15 days | 16-18 days | 19-21 days |
|---|---|---|---|---|---|---|---|
| 0-5 | £110.00 | £160.00 | £210.00 | £260.00 | £310.00 | £360.00 | £410.00 |
| 6-10 | £210.00 | £310.00 | £410.00 | £510.00 | £610.00 | £710.00 | £810.00 |
| 11-15 | £310.00 | £460.00 | £610.00 | £760.00 | £910.00 | £1060.00 | £1210.00 |
| 16-20 | £410.00 | £610.00 | £810.00 | £1010.00 | £1210.00 | £1410.00 | £1610.00 |
| 21-25 | £510.00 | £760.00 | £1010.00 | £1260.00 | £1510.00 | £1760.00 | £2010.00 |
| 26-30 | £610.00 | £910.00 | £1260.00 | £1510.00 | £1810.00 | £2110.00 | £2410.00 |
| 31-35 | £710.00 | £1060.00 | £1510.00 | £1760.00 | £2110.00 | £2460.00 | £2810.00 |
| 36-40 | £810.00 | £1210.00 | £1610.00 | £2010.00 | £2410.00 | £2810.00 | £3010.00 |
* Days + Total no. of days per application, irrespective of breaks between events or if at different locations in Torbay.
Charitable Street Trading Events supported by Torbay Council - Free (with agreement from Council)
Charitable Street Trading
If the event is Charitable and all of the profit from these stalls or units will be donated to the Charity then a Charitable Street Trading Consent can be applied for. Please complete the application form and return it to Safety and Licensing at least 21 days prior to the event taking place. There will be no charge for these Consents.
If the event is Charitable and all of the profits go to the Charity, but you have invited itinerant traders to come to the event to provide food and refreshments to persons attending the event they will need their own Street Trading Consent.
Regulations
The Regulations applicable to all Consents in Torbay are:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
This is the list of areas covered by the different designations, i.e. which streets, beaches and parks are covered by what designation.
Applications
You are able to apply online:
Alternatively, you can complete a word document and return it to Licensing and Public Protection.
Can the Permit Be Granted Automatically?
It is in the public interest that Torbay Licensing Authority must process your application before it can be granted. You cannot provide, operate or undertake the licensable activity without a Consent. Though there is a legal obligation to issue the Consent, due to restrictions on where the Consent can be used, an officer will normally wish to speak to the applicant before issuing that Consent.
If you have not had a response to your application within 10 working days, please contact Safety and Licensing. You can also make contact with Safety and Licensing through the UK Welcomes service if you applied online.
Related Documents
All documents open in a new window. Need more help with documents? View the Document Help page.
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Street Trading Schedule
List of streets/areas covered by the different designations
Last updated: 25/07/2011, 11:37am (47 KB) -
Street Trading Policy
This policy has been written to give guidance and direction to those who have responsibility for implementing the Street Trading provisions adopted under schedule 4 Local Government (Miscellaneous Provisions) Act 1982.
Last updated: 25/07/2011, 11:49am (174 KB)
Contact Licensing & Public Protection
- Tel: 01803 208025
- Email: licensing@torbay.gov.uk
- Fax: 01803 208854
