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Licensing and Regulation

Street Trading in Cookstown District

Designated Areas For Stationary Street Trading

Chip Van

(STREET TRADING ACT (NORTHERN IRELAND) 2001)

Following consideration by Council, consultation with relevant statutory agencies and public advertisement, as from Monday 19th May 2003, the following locations been adopted as designated areas for the purposes of stationery street trading within Cookstown District Council area.

COOKSTOWN TOWN

 Eastern Side - 20 William St  to 64 William St
 Eastern Side - 8 James St to 42 James St
 Fairhill - Between Church car park entrance
 and No.1 Fairhill Road

COOKSTOWN DISTRICT  Lay-by at A29 East Bound Carriageway
 Lay-by at A29 West Bound Carriageway
 Coltrim Picnic Area
STEWARTSTOWN  Parking Area, The Square, Stewartstown
MONEYMORE  Lay-by at Bridger Street, Moneymore
ROCK  Parking Area, The Square, Rock
POMEROY  Parking Area, The Diamond, Pomeroy
BALLYRONAN  Lay-by, Shore Road, Ballyronan
COAGH  Car park adjacent to the public toilets at Hanover Square,
DRUM MANOR  Lay-by adjacent to Drum Manor Forest Park, Drum Road, Cookstown
CARNAN  Lay-by at Mourneview Housing Development, Carnan
MOORTOWN, ARDBOE  Battery Harbour

Areas highlighted in BOLD have already been taken.

Temporary Street Trading Licences

Section 14 of The Street Trading Act (NI) 2001 permits Councils to issue 'Temporary Street Trading Licences' for special events such as festivals, fairs and other similar occasions. These powers permit a high level of discretion and flexibility to the Council. Licences can be issued for any place or any street in the borough, notwithstanding that those streets are not designated for Street Trading, taking into account their temporary nature. Council is further permitted to allow trading in any manner and in such goods or services as it wishes. Normal exemptions to the requirement for a Street Trading Licence will apply. The maximum duration for a licence is 7 consecutive days and no more than 5 licences can be issued to an individual during the period of a year.

General Criteria

Applications for temporary licences will be considered for events such as fairs, festivals or similar occasions, which are exceptions to the normal activities of the town or area of the District.These may be annual or one-off events. Council may also consider applications outside of the broad definition in order to add colour, ambience, novelty or tradition during seasonal periods.In exercise of its powers Council will as far as is possible seek to accommodate applicants and events organisers in order to ensure their success while being mindful of safety and nuisance considerations. Each application will be assessed on its own merits, including whether street trading is appropriate for the event or occasion in question.Street Trading

Specific Criteria

1. Applications will normally be expected at least 21 days in advance of the event and should be accompanied by:

• a fully completed application form; (Application Forms

Applications received inside the 21-day period will be considered and so far as is reasonably practicable processed. However, while every effort will be made to complete the process, Council will not in such circumstances guarantee its completion.

2. Consultation will be undertaken with PSNI and the DRD Roads Service Representatives on matters of road safety and inconvenience to other road users.

3. Council reserves the right to limit the number and size of stalls or vehicles, their position, and to attach such conditions as it sees fit for the purposes of public and personal safety, and prevention of nuisance and litter, or undue inconvenience to others.

4. Matters of safety, nuisance or inconvenience will be assessed in conjunction with the consultees and other Council considerations.

Without prejudice to this general principle the following will be taken into account:

(a) The safety of the public and any risks which may arise.

(b) The number and size of vehicles / stalls / receptacles and their position in relation to the location.

(c) The appropriateness and suitability of the street or part thereof and commodities in relation to the location.

(d) The potential environmental effects such as additional litter, cleansing requirements, odour and noise.

(e) The potential for the proposed temporary licence holder to have an adverse effect in terms of anti-social behaviour and public disorder.

(f) Any other Statutory provision which would be appropriate to consider.

(g) Previous complaints arising from street trading activities in that street or part thereof.

(h) Conditions relevant to the event eg. road closures, provision of marshals, off-street activities and venues, numbers of persons anticipated and their age profile.

Street Trading

Decision Process

As stated, Council, as far as reasonably practicable, will seek to grant applications for temporary licences in keeping with the general criteria above.

However, where public safety is compromised, or nuisance or undue inconvenience is likely to be cause, which cannot be controlled by conditions, the application will normally be refused.

Applicants will be notified in writing of the Council's decision and any reasons for refusal where a licence is not to be granted.

FEE STRUCTURE

An application for a Temporary Licence should be accompanied by the relevant fee of £50.00 (£5.00 fee for civic event) for one day's trading, plus an additional £10.00 for each further day, or part day's trading. The fee should be lodged in the form of a cheque, made payable to Cookstown District Council.

Any queries regarding these matters should be referred to the Environmental Health Department, Cookstown District Council, at Tel. 028 867 62205.

A summary of the regulation relating to this licence

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