Street trading

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What is street trading?

Street trading is the selling of goods or food in any "street." The term 'street' includes any road, footway or other area to which the public have access without payment (this can include private land). Typical examples of street trading that goes on in the area include selling hot food from vans parked in laybys or on industrial estates and selling ice cream from a mobile van.

We recognise that street trading can provide a useful service to people who live in or visit the Tewkesbury Borough area, particularly in rural areas without many local shops.

Before you can trade in the street in our area you must get a street trading consent issued by us. If a person trades without our consent, then they are committing an offence and can be fined up to £1,000.

We have adopted a policy on street trading, which gives guidance to applicants, officers and councillors on the principles that we will apply when deciding whether or not to grant a street trading consent to somebody.


Consultation on amendments to Tewkesbury Borough Council street trading policy

The Council is seeking the Public’s views on revisions to the Councils Street Trading Policy.

Amendments: Inclusion of a requirement That Street Traders and any Employees who are likely to come into contact with vulnerable people, undergo an enhanced DBS check as requirement of obtaining and maintaining a Street Trading Licence.

Closing date for comments: 1 February 2019.

Explanatory notes

The Council is proposing to amend its Street Trading Policy so that all street traders and their employees who are likely to come into contact with vulnerable people are required to undertake an Enhanced Disclosure and Barring Service check as a condition of being issued with a street trading licence.

Background

The Council has a safeguarding responsibility to protect children and vulnerable individuals from harm. As a part of this, the Council continually reviews its policies and procedures in order to ensure that this responsibility is reflected in all the services that it provides.

One of the services that the Council provides is a licensing function, which includes the licensing of street traders. It is already a requirement that taxi drivers undertake an enhanced DBS check prior to being licensed as a taxi driver. The Council are now proposing to include this requirement as part of the street trading policy and would welcome your comments.

What is Safeguarding?

The term safeguarding is used to define actions taken to protect vulnerable groups from harm. Groups include children and vulnerable adults. The term harm includes ill treatment and neglect, where ill treatment includes non-physical treatment such as exploitation. Further information on safeguarding can be found at: www.gov.uk/government/publications/safeguarding-children-and-young-people/safeguarding-children-and-young-people.

What is a Disclosure and Barring Service?

The Disclosure and Barring Service is a public body whose responsibility is to assist employers make safer recruitment decisions by carrying out background checks on individuals who work with children and vulnerable individuals. Further details about the Disclosure and Barring Service and the checks they carry out, can be found at: www.gov.uk/government/organisations/disclosure-and-barring-service/about.

What is a DBS Check?

A DBS check provides details of convictions and conditional cautions that are considered to be unspent under the terms of the Rehabilitation of Offenders Act (ROA) 1974. The applicant receives a Certificate setting out what information is listed for that individual. This information is used by employers to assess the suitability of an individual for a particular role.

What is an Enhanced DBS Check?

The enhanced check is generally applied to those working with vulnerable individuals or children. In addition to the information contained on the standard DBS document, it may also include spent convictions, other non-conviction advice (such as warnings and reprimands) and whether the individual is barred from working with certain groups of people.

A copy of the revised Street Trading Policy can be found below:

Any comments you may have can be forwarded to the Council by the following means:


Street trading consent applications

To apply for a street trading consent you should complete the application form and accompanying documents then return to us at: The Licensing Department, Tewkesbury Borough Council, Public Services Centre, Gloucester Road, Tewkesbury, GL20 5TT.


Will tacit consent apply?

No, it is in the public interest that we consider and processes all applications.

Applications - prevention of fraud

This authority is under a duty to protect the public funds it administers, and to this end may use the information you provide on application forms for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes.