Street trading means the selling or exposing of offering for sale of any article (including a living thing) in any street (and includes all forecourts, roads, footways and other areas adjacent to streets) or open place on which the public have access without payment. This includes private property on which the public have access without payment.
Wigan Council has determined that all streets within the Borough of Wigan be designated as "Consent Streets" for all the purposes of Schedule 4 of Local Government (Miscellaneous Provisions) Act 1982. Street Trading is prohibited within those streets without the consent of Wigan Council.
A Street Trading Consent is not required for the following:-
- Trading as a pedlar under the authority of a pedlar's certificate granted under the Pedlars Act 1871;
- Any trade in a market or fair, the right to hold having been obtained by a grant, enactment or order;
- Trading as a news vendor;
- Trading at or adjoining a shop premises as part of the business of the shop; or
- Offering or selling things as a roundsman.
A summary of the regulation relating to this consent Local Government (Miscellaneous Provisions) Act 1982 (External Link)
On 3rd March 2006 the Council's Regulation Committee approved a Policy on street trading. This Policy sets out how we will deal with applications for street trading consents. It also includes sample conditions that may be imposed on a consent to trade and gives guidelines for applicants relating to the relevance of any convictions.
Applications should be accompanied by the appropriate fee. Full details are available on our fees and charges page.
Applications should include details of the street(s) you wish to trade on and the days and times you wish to trade.
The following supporting information / documents are required:-
- 1 x Passport Size Photograph of each applicant / assistant (endorsed to confirm true likeness)
- Food Registration Details (if applicable)
- Site / Location Plan (if applicable)
- Written permission to trade at the proposed site (if applicable)
- Details of all Employees / Assistants - Information to be provided:-
- Full Name;
- Date or Birth;
- National Insurance No;
- Contact Telephone No; and
- Details of any Convictions / Offences.
Failure to submit the relevant information could lead to a delay with your application, and in some cases your application maybe returned.
Once a consent has been issued, this must be displayed in a position in which it can be seen and read by customers and that you, and where appropriate, your assistants shall wear the badges supplied by the Council where they can be clearly seen at all times when trading.
If you operate a food business then you also need to register the details of your business in accordance with the Food Hygiene (England) Regulations 2006. The registration relates to the address where the business is carried on and so if you operate within Wigan Borough then you must register with Wigan Council's Business Compliance Section. Further information can be on the Food Premises Registration web page .
Apply for a Consent
You can complete and submit an application online via the Government's Business Link website, or alternatively, you can download an application and return it to us using the contact details below:-
You can expect to be contacted by a member of the Trading Standards & Licensing Section within 5 working days of receipt of your application. We would normally expect to let you know our decision within 30 days of receipt of your application.
Will Tacit Consent Apply?
If you have not heard from the Trading Standards & Licensing Section within the target completion period you will be able to act as though your application is granted. However we would always advise you to contact us prior to commencing trading if you have not received a consent.. You can do this online if you applied through the UK Welcomes service or use the contact details below.
How do I object to an application?
Any person wishing to object to an application for the grant a consent may give written notice of their objection to us, stating the grounds of the objection. Objections must be made during the appropriate 28 days objection period.
To discuss a pending application please contact the Trading Standards & Licensing Section using the contact details below.
Other Redress / Complaints
If you wish to complain about a registered street trader please contact the Trading Standards & Licensing Section on 01942 489647 or by emailing firstname.lastname@example.org.
It is an offence to trade on streets anywhere within the Borough without a street trading consent. This includes the selling of cars or other vehicles on the street. If you wish to report a vehicle or vehicles being offered for sale on the street you can do so by again contacting the Trading Standards & Licensing Section on the details above.
Failed Application Redress
Please contact the Trading Standards & Licensing Section in the first instance, using the contact details below.
The legislation does not require us to keep a public register. However if you would like to know if a trader is registered please contact the Trading Standards & Licensing Section using the contact details below.
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Citizens Advice Consumer Service (External Link) will give you advice. From outside the UK contact the UK European Consumer Centre .
* This page was last reviewed by the Licensing Section on 21 June 2012 *