Street Trading

Consultation Process & Guidance Notes

Birmingham City Council does not identify sites normally, these are left to the discretion of the individual, however guidance on the likely outcome can be given where previous applications for a site have been received. A fuller explanation of the 'consultation' process that an application follows is set out below.

Birmingham City Council is not currently accepting applications for street trading consents for any City Centre or Football Club sites as these have reached saturation point. If sites do become available e.g. the existing trader ceases business, these are advertised in the Business Opportunities section of the local paper (Evening Mail).

There is no list kept of enquiries from prospective traders looking for any available sites within the Birmingham area.

CONSULTATION PROCESS FOR STREET TRADING APPLICATIONS

(1) Copy of all applications are sent to City Transportation, West Midlands Police and where relevant, City Centre Managers Office, for comment, unless a previous application had been made for the same position and had been rejected. Should an objection be received from any of these consultative bodies, the application will be rejected, and the applicant advised by letter.

(2) If no objections are raised, a public notice giving details of the application (does not include name and address) will be posted on street furniture adjacent to the site applied for. This notice will be in place for a minimum of 21 days in order to allow local traders or public to object or comment upon the application.

(3) Following the posting of the site, a report, which will include any comments or objections, will be prepared and presented for consideration and comment at the next available relevant Ward Sub-Committee meeting.

(4) Once an application has been to the Ward Sub-Committee, a resolution will be sent to the Head of Operations, Markets and the decision to grant or deny a Street Trading Consent will be made.

(5) In respect of Point 1, should an application be rejected, the applicant will be advised as to the reasons for the rejections and which of the consultative bodies raised the objection, should they wish further clarification.

GUIDANCE NOTES ON THE ISSUE OF STREET TRADING CONSENTS

(1) Consents are issued for specific locations and applicants must put forward the precise details of where they wish to trade.

(2) Consents are not issued in areas which are the subject of parking restrictions of any sort, including official Local Authority Car Parks.

(3) The proposed location for street trading must be suitable for street trading purposes.

(4) The number of street traders already in an area must be considered relative to what the area can sustain.

(5) The type of product sold must comply with the conceptional requirement that the permitted trading lines are identifiable as impulse buys and are suitable for sale in the proposed location.

(6) The quality of design of the trading unit must comply with the corporate design code, as agreed with Urban Design Department and the style of presentation must be suitable for the area in which it is to be sited.

(7) A registration plaque specific to the location must be displayed at all trading times. The plaque to be provided by the City Council. If the plaque is lost/stolen or not returned when trading ceases a £100 charge will be levied against the trader.

(8) The siting of the street trading unit must be considered relative to the possible effect on safety, the public highway, pedestrian movement and surrounding occupiers.

(9) Goods outside a shop, on pavements and forecourts, as long as they form part of the main business, i.e. the same commodities and same trader as inside the shop, are not street trading.

(10) Sub-letting of a pavement or forecourt for a different purpose, e.g. fruit and vegetables outside a dress shop, or to a third party even for the same purpose, is street trading.

(11) In addition, applications to trade from private land will require :-

(a) Land owners permission to trade, in writing

(b) Planning Approval to trade from the location. For further details contact Department of Planning and Architecture, (telephone number: 0121 303 3157) or e-mail planning.enquiries@birmingham.gov.uk

(12) Food hawkers are required to register with the Public Health Division of Regulatory Services but any Certificate of Registration (Licence) issued does not entitle them to trade in a 'consent street' without a Street Trading Consent.

(13) Exposing for sale is the same as selling and taking orders by glazing firms, etc. or signing members by RAC, does require Consent.

(14) Political organisations and charities distributing literature do not need consent, but if they sell goods they do. Setting up a stall may be considered as an obstruction by the Police.

(15) Traders in lay-bys, car parks, on open ground, recreation grounds etc. with open access to the street at no charge to the public do need consents. There may be exceptions for concessionaires or other Departments of the City but applications are necessary.

(16) Suitcase salesmen and similar itinerant traders will not be issued with consents.

(17) Apply for Street Trading Consent Online, alternatively send your completed application forms to the Street Trading, Birmingham City Council, Manor House, 40 Moat Lane, Birmingham, B5 5BD

Telephone: 0121 303 0254 or 0121 464 8349
E-mail:marketstalls@birmingham.gov.uk