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.
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
- From the end of the pedestrianised area at 65 North Street to the junction with the A286 Northgate gyratory
- Guildhall Street, from North St to Priory Lane
- From the end of the pedestrianised area of East Street to the junction with East Walls
- From 4 St Martin's Square to 14 St Martin's Square
- Jays Walk
- Little London, from East Street to 39 Little London
- West St from the Cross until the junction with Tower Street
- Tower St up until The Woolstaplers
- Chapel St up until The Woolstaplers
- South St from the Cross until the junction with Theatre Lane
- West Pallant to the corner to 14 West Pallant
- Cooper St from, 63 South Street to 3 Cooper Street
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').
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).