Street trading licence
The Business and Planning Act 2020 has introduced a pavement licence for placing removable furniture over certain highways next to premises, for the sale, or service and consumption, of food and drink.
Government guidance has been published and applicants are expected to consider this guidance prior to making any application.
Who can apply?
- Pubs
- Restaurants
- Bars
- Cafes
- Snack bars
- Coffee shops
- Ice cream parlours
Premises that have ancillary aspect uses such as supermarkets and entertainment venues that sell food and drink may also apply.
Conditions and requirements
Applicants must also be aware of the national conditions relating to non-obstruction and non-smoking areas within the licensed area.
Apply
Renew
Please have your licence number ready.
When you complete the form, you will be emailed a notice, pre-filled with your business details and consultation end date, that you can display on your premises for the duration of the consultation period.
Trouble filling in our forms? Please let licensing@havering.gov.uk know.
Proof of public liability
You should have proof of public liability insurance for proposed area (at least £5,000,000).
Plan of licensed area
This does not need to be professionally drawn but must clearly indicate where barriers, tables and chairs are intended to be placed.
Measurements of the boundaries are required including measurements that show at least 1.5m clearance on the highway.
In most cases we will encourage distances in excess of 1.5m, a clear highway is essential for encouraging social distancing as well as considering those with disabilities.
After you have applied
We will then get in contact to take payment of £100.
Once the application is received you will be required to place a notice on the premises advertising the application.
A template notice can be found on the government guidance page.
The application will then be sent to other authorities and published on our website. Current applications can be found on our premises licence page.
The consultation period runs for seven days commencing the day after receipt of the application.
We will then consider the application for up to a further seven days at which point you be notified of the outcome of the application.
Successful applicants will receive a copy of their licence which must be displayed in a prominent position at the licensed area.
The duration of the licence can be a minimum of three months but cannot exceed the 30 September 2021.
Current pavement application consultations
Notices of current applications can be viewed and comments sent to us.
Havering Council is covered by the London Local Authorities Act 1990 which means that a street trader can only trade from a pitch licensed by the Council.
Licence fees vary depending on the times the trader wishes to operate. On this page you will find out how to register for a street licence and how to complain about unlicensed street traders.
Designated areas in Havering
In Havering, there are certain streets which have been designated as areas where street trading may take place. In order to trade legally on one of these designated streets you will need to apply for a licence to trade at an agreed pitch.
Street trading within the borough is controlled by Part III of the London Local Authorities Act 1990 and the amendments to that Act.
Only persons licensed by Havering Council's Licensing Section may trade from the street.
A street includes any road, footway or other area that is within 7 metres of a road or footway and is not enclosed and to which the public have access without payment.
Street trading means the selling, exposing for sale or offering for sale of any article or the supplying or offering to supply any service in a street for gain or reward.
Licensing of street traders
Street trading licences can only be issued for sites that have been designated as licence sites.
Havering has about 20 street trading sites for which licences are issued. They are mostly established sites and the majority of licence holders have held licences for many years and therefore it is rare that a site becomes available.
Persons wanting one of these sites may be put on the Council's waiting list but because sites rarely become available it may be several years before a site is offered and then that site may not necessarily be suitable for the goods being proposed to be sold.
Where a person wishes to trade from a place that is not a designated site Licensing Officers will consider designating that place as a licence site.
In special circumstances a temporary licence may be issued for places that are not licence sites.
Licences are renewed on 1 April each year, and application for renewal must be made in the January of the year that the licence is to be renewed.
Apply
Fees and charging
Application for a licence must be made to the Council's Licensing team and there is an application fee. Two passport size photographs, with the applicants signature on the back must also be provided.
Please download our latest fees.
Licence conditions
Each street trading licence issued by the Council is subject to standard licence conditions. Amongst other matters these conditions relate to matters such as:
- The name of the person who may trade
- The goods that may be sold
- The exact site where trading may take place
- The days and times when trading can take place
- Displaying the licence holders name and licence number
- Employment of school children
- Heating and lighting arrangements
- Disposal of rubbish
A copy of the standard conditions relating to street trading is available on request.
In addition to the standard conditions special conditions may also apply to an individual licence.
The Act requires licence holders to personally avail themselves fully of their licence and therefore traders will be expected to be present at their stall for two thirds of each working day unless they have written permission from the Council for other arrangements.
Illegal street trading
To operate legally as a street trader, you must hold a street trading licence.
This allows you to trade from a licensed pitch on a licence street. Anyone who does not hold a valid licence and is operating from an unlicensed pitch is trading illegally and is liable to prosecution.
Offences and penalties
- Any person guilty of contravening a licence condition shall on conviction be liable to a fine not exceeding £1,000
- Any person guilty of making a false statement when applying for a licence shall on conviction be liable to a fine not exceeding £1,000
- Any person who obstructs an authorised Licensing Officer shall on conviction be liable to a fine not exceeding £1,000
- Any trader who fails to produce his licence on demand shall on conviction be liable to a fine not exceeding £1,000
- Any person guilty of street trading without a licence shall on conviction be liable to a fine not exceeding £1,000
- Where an authorised Licensing Inspector or Police Constable has reasonable grounds for suspecting that a person is street trading without a licence, the articles or things being offered or exposed for sale may be seized (providing they are not of a perishable nature) and produced as evidence in any proceedings
More information
Copies of the London Local Authorities Act 1990 can be purchased from the Legislation website. A copy of the London Local Authorities Act can be inspected at the Public Protection Service (call 01708 432777) where you may also obtain a copy of the Council's standard licence conditions, an application form and further help or advice.