Street trading policy

Designation of streets for the purpose of street trading

2.1 Prohibited Streets

2.1.1 It has been decided to regulate the opportunity for street trading within the two towns and, therefore, there are currently only five consent streets designated within Welwyn Hatfield. These consents are contained in Appendix A

2.2 Consent Streets

2.2.1 All other streets, with reference to the wide statutory definition in paragraph 1.3.4 above, within the borough of Welwyn Hatfield have been collectively determined to be prohibited streets for the purpose of the Local Government (Miscellaneous Provisions) Act 1982.Some areas of private land which are not a highway have private arrangements with the land owner.

2.2.2 WHBC will continually monitor the impact of street trading on its consent streets with a view to promoting the objectives of this policy

2.2.3 Before a new Street Trading Consent is created WHBC will carry out the process as defined in the Local Government (Miscellaneous Provisions Act 1982 Schedule 4 section 2.

2.2.4 WHBC will take the following matters into account when deciding on whether a new street trading consent should be created.

(i) a significant effect on road safety would arise either from the siting of the trading activity itself, or from customers visiting or leaving the site; or
(ii) where there are concerns over the recorded level of personal injury accidents in the locality where the street trading activity will be sited; or
(iii) there would be a significant loss of amenity caused by traffic, noise, rubbish, potential for the harbourage of vermin, odour or fumes; or
(iv) there is already adequate like provision in the immediate vicinity of the site to be used for street trading purposes; or
(v) there is a conflict with Traffic Orders such as waiting restrictions; or
(vi) the site or pitch obstructs either pedestrian or vehicular access, or traffic flows, or places pedestrians in danger when in use for street trading purposes; or
(vii) the trading unit obstructs the safe passage of users of the footway or carriageway; or
(viii) the pitch interferes with sight lines for any road users, for example at road junctions, or pedestrian crossing facilities; or
(ix) the site does not allow the Consent Holder, staff and customers to park in a safe manner; or
(x) the street trading activity is carried out after dusk and the site is not adequately lit to allow safe access and egress from the site for both customers and staff.

2.2.5 Where a consent is surrendered or revoked, the council shall remit or refund, as they consider appropriate, the whole or a part of any fee paid for the grant or renewal of the consent. There will be no refunded fee where there has been a breach of the conditions or the consent and the licence is revoked.

2.3 Undesignated Streets

2.3.1 All streets are designated either prohibited or consent streets. New streets will become prohibited streets unless expressly designated as consent streets.