This section of the site contains information relating to consent to offer any goods (this includes food) for sale to the public from a fixed location e.g. a stall or vehicle, and includes car boot sales, markets and placing cars for sale on the side of the road.
Street Trading Controls in Torfaen
On the 30th June 2009 the council agreed to amend the control of street trading in the borough of Torfaen to designate all streets as consent streets, except for those designated as prohibited streets. This resolution came into force on the 10th August 2009.
This means that you cannot offer any goods for sale on a prohibited street under any circumstances. Before you can offer any goods for sale on any other street you must obtain consent, failure to do so may result in a criminal prosecution. Consents can be obtained from the Torfaen Licensing Section.
To assist in understanding the street trading provisions please see the approved Street Trading Operating Policy (opens in new tab).
For further information and advice please contact the Licensing Team.
Definitions specified by the Local Government (Miscellaneous Provisions) Act 1982
Street Trading: means the selling or exposing or offering for sale of any article (including a living thing) in a street.
Street: is defined as "Any road, footway, beach or other area to which the public have access without payment, and service areas as defined under Section 329 of the Highways Act 1980".
Prohibited Street: where trading is totally prohibited.
Consent Street: where consent is required before trading is permitted.
Applying for a Licence
Licence Summary
If you trade in the street you may require a street trading consent.
Applications should be made in writing (including by electronic means) to your local council, or the local council for the area you wish to trade.
You must provide specific information, including details of the street you wish to trade on and the days and times you wish to trade.
You will also be required to provide two photographs of yourself.
You must comply with any conditions attached to a licence.
Eligibility Criteria
You must be over 17 years of age to hold a licence. Licences will be refused if any of the following grounds exist:
- there isn't enough space in the street you wish to trade in, without causing interference or inconvenience to street users
- you wish to trade for less days than any minimum required trading days
- you are unsuitable to hold a licence do to any previous convictions or for other reasons
- you have previously failed to pay fees due under another street trading licence or have failed to use a previous street trading licence
Application Evaluation Process
Under certain circumstances if certain grounds for refusal exist the council may still award a licence but for fewer days than require, or to allow trade in certain items.
The council will either grant the application or serve a notice on you within a reasonable time.
The notice will be served if the council intend to refuse the application, grant it on different terms than those applied for, confine trading to a particular place in a street, vary conditions of a licence or revoke a licence. Applicants should refer to the councils Street Trading Operating Policy (opens in new tab) and Licence Fees structure.
The notice will detail the grounds for their decision and state that within seven days of the notice you can request in writing the opportunity to make representations.
Will Tacit Approval apply?
Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period.
Apply online
Apply to become a street trader (opens in new tab) via gov.uk
Failed Application Redress
Please contact your Local Authority in the first instance.
If you wish to appeal a decision of the council you may appeal to the local Magistrates' court within 21 days of the date you were notified of the decision.
You may appeal the decision of a Magistrates' Court to the local Crown Court.
Licence Holder Redress
Please contact your Local Authority in the first instance.
If you wish to appeal a decision of the council you may appeal to the local Magistrates' Court within 21 days of the date you were notified of the decision.
You may appeal the decision of a Magistrates' Court to the local Crown Court.
Other Redress
E.g. about noise, pollution, etc. Also should one licence holder complain about another.
Please Note - Torfaen County Borough Council (The Council) is under a duty to protect the public funds which it administers and to this end may use the information you provide within Torfaen County Borough Council for the prevention and detection of fraud. The Council may also share this information with other bodies administering or in receipt of public funds solely for these purposes. For further information, visit the National Fraud Initiative area of the website.