Regulation of street trading
The Borough Council of Calderdale, under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982| , has resolved to regulate street trading throughout the town centre of Halifax and Brighouse and street trading is prohibited in most streets within the both town centres.
Street trading means 'selling, exposing or offering for sale, any articles in a street'. Exposing for sale is the same as selling and taking orders, or registering members requires consent of the Council. Goods outside a shop, on forecourts which form part of the main business of the shop and of the trader, do not come under the terms of street trading. The subletting of space, even for the same commodities, is street trading and is regulated by the Authority.
Political and Charitable organisations distributing literature do not need consent under the terms of street trading unless they specifically sell or expose items for sale.
A street means any street (adopted or unadopted highway) and also includes areas to which the public have access without payment including car parks, all forecourts, roads, footways and service areas or other areas adjacent to a street, as defined in section 329 of the Highways Act 1980| .
A person who:
- Engages in street trading in a prohibited area; or
- Engages in street trading in a consent street without being authorised to do so by the Council; or
- Contravenes any principle condition attached to any Street Trading Licence.
That person is guilty of an offence and on summary conviction shall be liable to a fine.
The guidance notes give details of the streets which are licensed for street trading: Street trading guidance [PDF file 549KB]|.