Definition of street trading

Street trading is defined in paragraph 1 of Schedule 4 of the Act as:

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

The Act defines the term ‘street’ as including:

any road, footway, beach or other area to which the public have access without payment; 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.

The Act in paragraph 1(2) of schedule 4 states that the following types of trade are not street trading:

  • A pedlar trading under the authority of a pedlar’s certificate granted under the Pedlar’s 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 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 a premises used as a petrol station.
  • 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.
  • Selling things, or offering or exposing them for sale as a roundsman.