Considering your application

What will be taken into account when considering my application?

On the application form you will need to set out how you will meet these street trading objectives.

Public safety

The proposed location of the activity should not present a significant risk to the public in terms of highway safety and obstruction. This would include the consideration of factors such as, interference with sight lines for road users and access to pedestrian crossings.

Prevention of crime and disorder

The proposed activity should not present a risk to public order. This is likely to be more of an issue in respect of applicants wishing to trade at later hours.

Prevention of public nuisance

Consideration will be given to measures taken to reduce the risk of nuisance to the public from noise, refuse, vermin, fumes and odour.

Such considerations may include (but are not limited to):

• the proximity of nearby sensitive uses
• the nature and scale of the operations in terms of their potential to create high levels of noise, odour or other factors which could impact on the nearby sensitive uses
• the proposed operating hours
• seasonal and daily variations
• the potential for a mains electricity connection in order to avoid the need for the use of a diesel generator
• waste storage and collection provisions
• the local context including existing background conditions within the locality.

Sustainability and product type

The applicant should set out measures to reduce the environmental impact of the proposed activity. Typically, this could include the use of recyclable products and energy efficient processes. Consideration will also be given to the type of products sold and the suitability of the products at the location requested.

Commercial need

Consideration will be given to the number of other traders in the vicinity of the application site.

Suitability of trading unit

The vehicle, trailer or stall to be used will be of a high-quality design and build and will add to the quality of the street scene. The unit will be inspected by an authorised officer of Derby City Council prior to any consent being issued. The unit shall comply in all respects with any legal requirement relating to the trading activity proposed and in particular with the following legislation (and any subsequent revisions):

• Food Safety Act 1990
• Food and Hygiene (England) Regulations 2013 as amended
• Health and Safety at Work etc Act 1974 and any regulations made under this Act
• Environmental Protection Act 1990
• Licensing Act 2003.

Suitability of applicant

When determining an application for the grant or renewal of a street trading consent the Council will consider all relevant information relating to the suitability of the applicant to hold such permission including:

• whether the applicant has been convicted of any relevant offence*
• persistent refusal or neglect in paying fees due to the Council for a street trading consent or for any other charges due for services from the Council to the applicant in his capacity as the holder of a street trading consent, for example, collection of refuse and cleansing of streets.
• previous failures of the applicant to make use of a previous street trading consent or licence
• previous history of non-compliance with conditions.

*We will ask for a basic DBS disclosure to be submitted with each application. Any convictions or proven criminal behaviour will be assessed against relevant policies.

Who will you consult about my application? 

When an application is submitted, a 28-day statutory consultation period will follow.

Responsible authorities are the public bodies that are entitled to make representations to the licensing authority in relation to an application. Any representations must be about the likely effect of granting the application on the street trading policies objectives.

These authorities are able to comment on applications made under the Local Government (Miscellaneous Provisions) Act 1982 Schedule 4

Business Improvement Districts

PFBB UK
2nd Floor
12 The Strand
Cathedral Quarter
Derby
DE1 1BA

Telephone: 01332 419051
Email: brad.worley@pfbbuk.co.uk

Climate Change team

Derby City Council
Council House
Corporation Street
Derby
DE1 2FS

Email: Climate.change@derby.gov.uk

Councillors

Derby City Council
Ward Councillors
The Council House
Corporation Street
Derby
DE1 2FS

Email: Members.Services@derby.gov.uk

Derbyshire Constabulary

Licensing Officer
St. Mary's Wharf
Prime Parkway
Chester Green
Derby
DE1 3AB

Telephone: 0300 122 5738
Email: DLIC@Derbyshire.Police.UK

Derbyshire Fire & Rescue Service

Fire Authority
South Area Licensing
Derbyshire Fire and Rescue Service
Ascot Drive Fire Station
Ascot Drive
Derby
DE24 8QZ

Telephone: 01332 291134
Email: southareaadmin@derbys-fire.gov.uk.

Director of Planning and Transportation

Derby City Council
The Planning Team
The Council House
Corporation Street
Derby
DE1 2FS

Telephone: 01332 640795
Email: developmentcontrol@derby.gov.uk

Environmental Protection

Derby City Council
Environment Protection Team
The Council House
Corporation Street
Derby
DE1 2FS

Telephone: 01332 642020
Email: EPTeam@derby.gov.uk

Food and Safety Team

Derby City Council
Food and Safety Team
The Council House
Corporation Street
Derby
DE1 2FS

Telephone: 01332 641555
Email: foodandsafety.duty@derby.gov.uk

Highways

Derby City Council
Highways Department
15 Stores Road
Derby
DE21 4BD

Email: Maintenance.Highways@derby.gov.uk

Licensing Authority

Derby City Council
Licensing Team
The Council House
Corporation Street
Derby
DE1 2FS

Telephone: 01332 641951
Email: licensing@derby.gov.uk

Outdoor Events Teams

Parks Team
Derby City Council
Licensing Team
The Council House
Corporation Street
Derby
DE1 2FS

Telephone: 01332 640789
Email: Parks@derby.gov.uk

Spacehire
Guildhall Theatre
Market Place
Derby
DE1 3AE

Telephone: 01332 640848
Email: spacehire@derby.gov.uk

Traffic Management

Derby City Council
Traffic Management
The Council House
Corporation Street
Derby
DE1 2FS

Email: Traffic.Management@derby.gov.uk

Is there any right of appeal against any Council decision made about a street trading consent?

There is no statutory right of appeal against any Council decision made about a street trading consent. However, applications can be made to the High Court for Judicial Review of the decision.