Street trading guidance

When is street trading consent required?

Street trading is defined as:

the selling or exposing or offering for sale of any article (including a living thing) in a street. 

If you have a unit, van, trailer or similar for the purposes of selling pre-ordered items and the items have been paid for in advance prior to delivery or collection, then there is no requirement to apply for a street trading consent.

However, if any additional item(s) can be purchased at the point of collection or delivery and are on sale to any customers then a street trading consent will be required.

The term 'street' includes:

any road, footway, beach or other area to which the public have access without payment' such as village greens, parks, or private properties such as school playgrounds, churchyards and supermarket car parks or other car parks; and a service area as defined in section 329 of the Highways Act 1980.

Streets located on private land are included within the scope of this policy.

You can apply for a street trading consent for the Derby City Council area shown in the map.

You can download the Street trading policy and Notice of Passing Resolution for further information. This policy is reviewed every 3 years or more frequently if required‌.

Park trading

If you would like to trade in any of the parks then you will be required to apply for permission to trade in the parks and along with a street trading consent from the Licensing team.

The Parks team offer out licences on a number of locations within the city, they are advertised through an Expression of Interest Process (EOI) to make it a fair process with agreement from the Procurement team, Estates and Legal.  The licences are advertised for an agreed period of time, with the most recent ones being covering a term of 5 years.  The licences are for a year licence and reviewed at the end of each year.

If all parties are agreeable, then they are renewed with that particular caterer in line with the timescales set out in the EOI process.  

Please contact the Parks team by email for more information Parks@derby.gov.uk

What are prohibited streets?

If a street is designated as a 'prohibited street' then a criminal offence is committed by any person engaging in street trading in that street.

There could be a number of reasons for wishing to designate a street as prohibited. For example, the street may not be wide enough to facilitate a trader or the Council may wish to restrict trading at a particular location.

It may be considered that the prohibited status might be the most appropriate designation for the majority of residential streets in the city however this would create difficulties as such a restriction would prevent, for example, ice cream vans from carrying out their business.

Please note there are currently no prohibited streets within the Council area.

What are licence streets?

If a street is designated as a 'licence street' then street trading is prohibited without a licence granted by the Council.

Please note there are currently no licence streets within the Council area.

What are consent streets?

If a street is designated as a 'consent street' then street trading without a consent is a criminal offence.

The Council has wide discretion with regard to the granting or refusal of street trading consents and does not have to rely upon specific statutory grounds in order to refuse an application for grant or renewal of a consent.

Please note that there are only consent streets within the Council area.

What is not classed as street trading?

• A pedlar trading under the authority of a pedlar’s certificate granted under the Pedlars Act 1871.
• Anything done in a market or fair, the right to hold which was acquired by virtue of a grant, enactment or order.
• Trading carried on at premises used as a shop or in a street adjoining a shop where the trading carried on is part of the business of the shop
• Trading in a trunk road picnic area provided by the Secretary of State under section 112 of the Highways Act 1980.
• Trading as a news vendor.
• Trading carried on at premises used as a petrol filling station.
• Selling things, or offering or exposing them for sale, as a roundsman.

Street trading sites

The Council does not have a list of potential street trading sites. You will need to identify the site you want to apply to trade on.

Privacy notice 

The Licensing Team is committed to protecting and respecting your privacy when you use our services.

Please view Licensing Team Privacy Notices for further information. Printed copies are available on request.