Street Trading

The Street Trading Act (Northern Ireland) 2001 enables District Councils to regulate street trading.  The legislation applies to every person selling, exposing or offering to supply a service in a street or public place, whether or not in or from a stationary position.There are 3 categories of street trading licence:

• A full licence to trade from a “Designated” permanent pitch
•  A licence to trade as a mobile trader
•  A temporary licence to trade usually for a period of up to 7 days

An applicant must have reached 18 years of age and be an individual.  The street that the applicant wishes to trade on must be a street designated to allow street trading activities.  The Council may limit the type of goods or services that licensees may sell or supply.

The streets currently designated for street trading purposes in the Fermanagh and Omagh District Council area are:

• Main Street, Belleek
• Pottery Road, Belleek
• Car Park in Housing Estate at Crichton Park, Tamlaght
• Fairgreen, Lisnaskea
• Layby on Moorlough Road, Lisnaskea
• Layby opposite Manderwood Park, Lisnaskea
• Opposite Tempo Primary School at Main Street, Tempo
• Layby at Secondary School, Main Street, Derrylin
• Car Park at Ederney Road, Kesh
• Opposite Orange Hall at Main Street, Derrygonnelly

Regulation Summary
Street Trading Act (Northern Ireland) 2001

Application Process

• The name, address, date of birth and 2 passport sized full face photographs of the applicant.
• If the applicant wishes to be a stationary or mobile trader, details of the street and location of the pitch or the areas the applicant wished to trade.
• The days and times they wish to trade.
• Descriptions of articles, things or services intended to be traded and any item that will be used in connection with the trading.
• Storage arrangements.
• Full payment of Licence and Cleaning Fees prior to consideration of an application.
• Evidence of Public Liability Insurance.

The Council will grant an application unless there are grounds for refusal such as:

• Applicant not eligible.
• Applicant wishing to trade in a place that would breach the law.
• Applicant wishing to trade in a street not designated or the article, thing or service goes against any term of the designation.
• The location is unsuitable.
• The space or area applied for is not suitable for the applicant or would interfere with people and vehicles.
• There are already enough street traders in the street or adjoining the street applied for, selling services, article or things the applicant proposed to trade.
• The types of services, articles or things proposed to be traded would affect the area.
• The applicant has provided false information.
• The applicant is unsuitable to hold a Licence.
• The applicant has failed to carry out requirements of a previous Street Trading Licence.
• The applicant has had a previous Street Trading Licence revoked through failure to pay fees.
• The applicant has failed to provide further information requested.
• The applicant has failed to provide suitable storage.

Applications can also be made for Temporary Licences but an applicant cannot have more than 5 Temporary Licences in one year.

Fees

* Where the Council does not issue a Licence to trade a refund of £50.00 will be made.

Apply Online

You can access the Street Trading licence application here

Will Tacit Consent Apply

Yes. Tacit authorisation will apply in respect of applications for Street Trading. Following receipt of an application, appropriate payment, all relevant documentation and following consultation with the Police Service of Northern Ireland and Roads Service, the application will be considered to be ‘complete’. The Council will consider the application and notify the applicant of their decision to approve or refuse the application within 12 weeks from the date the application is ‘complete’.

If my application is refused
The Council will serve a notice of it’s intention to refuse an application for a Licence. Representations can be made in writing to the Council within 21 days of the date of the notice. If the Council upholds their decision appeals can be made to the local Magistrate’s Court within 21 days of notice of the decision.

Variation of Licence
A licence holder may apply to vary a condition attached to a Licence.

The Council will serve a notice of its intention to refuse an application for variation of 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.  If the Council upholds their decision appeals can be made to the local Magistrate’s Court within 21 days of the notice of the decision.

Complaints
In the event of a complaint the first contact can be made with the District Council.  Alternatively, in the UK Citizens advice bureau will give you advice.  From outside the UK contact the UK European Consumer Centre.

Any complaints concerning how a trader operates, including complaints about litter, breach of conditions of licence, noise, etc. should be made directly to the District Council.