Street Trading within the City Centre of Chichester is prohibited, unless operating under a Street Trading Consent granted by Chichester District Council (the 'council'). The prohibition does not apply to those persons who are operating under a Pedlars certificate issued by a police authority, and who are acting as a true pedlar. For trading in other parts of the district you would require permission from the land owner. For many roads and verges this would be West Sussex County Council .

 

Public Spaces Protection Order (PSPO) - Chichester City Centre

In an effort to address nuisance behaviour associated with irresponsible alcohol consumption and illegal street trading, Chichester District Council has introduced a Public Spaces Protection Order (PSPO) in an area of the city centre. The aim of the PSPO is to help keep Chichester city centre a safe and enjoyable place for all.

PSPO's were created by the 2014 Anti-Social Behaviour, Crime and Policing Act and intended to deal with any particular nuisances or problems in a defined area that are detrimental to the local community's quality of life. This is done by imposing restrictions on the use of that area which applies to everyone. The aim is to stop individuals or groups committing antisocial behaviour in public spaces.

The council consulted widely with key stakeholders and the public on this issue between 13 April and 24 May 2016. The responses supported action being taken to control anti-social behaviour associated with irresponsible alcohol consumption and illegal street trading in the city centre. As a result the council, at a meeting of its Cabinet on 12 July 2016 supported the introduced of a PSPO.

Restrictions and controlled zone

The council made the order (PSPO) being satisfied on reasonable grounds that the activities set out below have had or are likely to have a detrimental effect on the quality of life of those in the locality. The council is also satisfied that the effect, or likely effect, of the activities are unreasonable and justify the restrictions imposed by the order for the purpose of reducing antisocial behaviour in a public place.

The activities described below are prohibited:

a) No person shall refuse to stop drinking alcohol or hand over any container(s) (sealed or unsealed) which are believed to contain alcohol, when required, to do so by an authorised officer in order to prevent public nuisance or disorder.

b) Any person displaying goods for sale on the street without consent ("A Trader"):

  1. Shall remain in any location for no more than 20 (twenty) minutes after which they shall be required to move at least 50 (fifty) metres from that location;
  2. Shall not return for three hours to any location at which that Trader has previously displayed goods for sale;
  3. Shall not obstruct the highway including shop entrances

It is an offence for a person without reasonable excuse to engage in an activity that is prohibited by this Order. A person found to be in breach of this Order is liable on summary conviction to a maximum penalty of £1,000 or to a Fixed Penalty Notice of £100.

A map of the controlled area is available to view:

Members of the public can report breaches of the PSPO to the council:

Name:
Chichester District Council
Address:
East Pallant House
Chichester
West Sussex
PO19 1TY
United Kingdom
Telephone:
01243 785166

Please note - this telephone number is not a dedicated number solely for PSPO breaches.  All calls go through to the council's contact centre.

Equality Impact Assessment

The council carried out an Equality Impact Assessment before undergoing the consultation which was presented to Cabinet on 12 July 2016.

An Equality Impact Assessment is an improvement process which helps to determine whether the council's policies, practices, or new proposals will impact on, or affect different groups or communities. It enables officers to assess whether the impacts are positive, negative or unlikely to have a significant impact on each of the protected characteristic groups. A copy of the Equality Impact Assessment is available to view:

 

Street trading consents

If you are trading under the authorisation of a Pedlars Certificate issued to you by your respective police force you are still required to comply with the terms of the Public Spaces Protection Order ('PSPO') which has been approved by this council. Please familiarise yourself with the terms and conditions of the 'PSPO' in order to avoid possible formal action.

The council has designated the following locations as 'Consent' streets under the Local Government (Miscellaneous Provisions) Act 1982 for the purposes of allowing certain street trading activities to take place.

  • Pedestrianised area of East Street, Chichester
  • Pedestrianised area of North Street, Chichester
  • Pedestrianised area of Crane Street, Chichester
  • From the junction of St Martin's Street with East Street, Chichester northwards to adjacent 4 St Martin's Street, Chichester

This means that persons wishing to sell items from a stall in these streets must first obtain a Street Trading Consent from the council. Street Trading in these areas without consent from the council is prohibited and the council may take formal action against traders who do not hold a valid Street Trading Consent.

Completed applications for new Consents or to vary an existing consent must be received by the Licensing Team at least 8 (eight) weeks before the proposed market/event. Applications that are not submitted at least 8 weeks prior to the event or that are incomplete may not be treated as valid and therefore not processed. If you are applying for a variation to an existing consent, you will need to complete a new application along with the required supporting documentation and requisite fee.

Prior to submitting an application we would recommend you contact the Licensing Team or liaise with the Chichester City Centre Partnership (the 'BID').

 

Pedlars certificate - Pedlars Act 1871

Under the Pedlars Act 1871 a 'pedlar' is defined as:

'Any pedlar, hawker, petty chapman, tinker caster of metals, mender of chairs or other persons who, without any horse or other beast bearing or drawing burden, travels and trades on foot and goes from town to town or to other men's houses, carrying to sell, or exposing for sale any goods, wares or merchandise, or procuring orders for goods immediately to be delivered, or selling or offering for sale his skill in handicrafts'.

Case law has established a set of criteria that is used by the courts to assess whether a person is acting as a pedlar or street trader. The criteria is as follows:

  • A pedlar goes to his customers, rather than allowing them to come to him;
  • A pedlar trades as he travels, rather than travels to trade;
  • A pedlar is a pedestrian;
  • A pedlar sells reasonably small goods;
  • Use of a small means of assisting transport of goods, such as a small trolley, is permitted;
  • Use of a stall, a stand or a barrow, is not permitted. This may indicate an intention to remain in one place or in a succession of places for longer than is necessary to effect a particular sale, or sales, indicating he is a street trader and not a pedlar; and,
  • If he sets up a stall, barrow, or other defined pitch (such as a blanket or sheet), and waits for people to approach him rather than approaching them, this indicates that he is a trader and not a pedlar.

Please be mindful that failure to operate as a Pedlar, even under the authority of a Pedlars Certificate, will constitute street trading and if you are operating in the city centre of Chichester and do not possess a Street Trading Consent then you will be committing an offence under street trading legislation, which may result in legal proceedings being instigated against you.

If you wish to operate as a Pedlar and believe you would satisfy the legal definition (please see the guidance document attached) and wish to obtain the appropriate form in order to apply for a Pedlars Certificate then please contact Sussex Police (if you like within Sussex otherwise it will be the police authority where you ordinarily reside).

 


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