TranslateThese Conditions are in three parts.
Part A applies to all Street Traders.
Part B applies to Street Traders who supply or sell food (Part A also applies).
Part C applies where the Licence authorises itinerant street trading from a vehicle, trailer, kiosk, moveable stall or other moveable trading unit (Parts A and B also apply where relevant).
Part C does not apply while the Licence Holder is trading on land which is:
(a) covered at that time by a Public Entertainment Licence or Market Operator's Licence under the Civic Government (Scotland) Act 1982; or
(b) exempt at that time from the requirement to hold either licence.
Part C applies whenever the Licence Holder is trading at any other time or place under an itinerant licence.
Definitions
"Authorised Officer" means an officer authorised by the Licensing Authority and includes a Civic Licensing Standards Officer employed by North Ayrshire Council.
"licensed activity" means the street trading authorised by the Licence.
"trading unit" means any vehicle, trailer, kiosk, moveable stall or other unit used for the licensed activity, together with any associated generator, awning, sign, furniture, container or other ancillary equipment placed outside it.
Part A - General Conditions applying to all Street Traders
A.1. The Licence is not transferable. The Licence Holder must not alter, erase or deface the Licence or badge, or allow another person to use either of them.
A.2. At all times when trading in a public place, the Licence Holder must:
(a) have the Licence in their possession;
(b) wear the badge issued by the Licensing Authority so that its details are legible and visible to a customer; and
(c) behave in a proper and civil manner and maintain a clean and tidy appearance.
A.3. Whenever the licensed activity is carried on, the Licence Holder must ensure that every person engaged in or assisting with it:
(a) holds any Street Trader Employee's Licence required from that person; and
(b) wears the badge issued for that licence so that its details are legible and visible to a customer.
A.4. The Licence Holder must comply with any instruction given by a Police Officer or Authorised Officer which the officer considers necessary or expedient to prevent obstruction of or annoyance to the public or to the occupiers of premises.
A.5. If requested by a Police Officer, an Authorised Officer or a customer, the Licence Holder must permit that person to inspect the Licence Holder's badge and note the details shown on it.
A.6. If requested by a Police Officer or Authorised Officer, the Licence Holder must provide the name, address, date of birth and Street Trader Employee Licence number of every person who is employed, or has during the previous three months been employed, on the licensed vehicle, kiosk or moveable stall.
Changes of circumstances
A.7. The Licence Holder must surrender the Licence and badge to the Licensing Authority within three days of:
(a) ceasing to trade;
(b) the Licence being suspended or revoked; or
(c) the Licence expiring without an application for renewal having been made.
A.8. The Licence Holder must notify the Licensing Authority in writing within seven days of any substantial change in circumstances since the application for the Licence, including a change of address, trading name or a medical condition which affects the ability to operate as a Licence Holder.
Criminal offences
A.9. This Condition applies to any offence, and not only an offence arising from the operation of the Licence. The Licence Holder must notify the Licensing Authority in writing within seven days:
(a) if charged by the Police with an offence, giving the nature, date and place of the alleged offence;
(b) if convicted by a Court, giving the date of conviction, the name of the Court and the fine or other penalty imposed; or
(c) if the matter is disposed of without Court proceedings, including by a Conditional Offer, giving the equivalent information required by (b).
Other permissions and use of land
A.10. The Licence Holder must obtain and maintain every other permission, consent or approval required by law for the licensed activity.
A.11. The Licence Holder must not:
(a) park or place a trading unit on a pedestrian crossing or at a road junction, or within 25 metres of either;
(b) park or place a trading unit or ancillary equipment, or permit a customer queue connected with the licensed activity, where it materially obstructs visibility or interferes with the safe use or operation of a pedestrian crossing, crossing facility, school crossing patrol point, road junction, traffic signal, bend or other road-safety feature; or
(c) park or place a trading unit on any land, road or premises unless the Licence Holder has first obtained written permission from the owner or lawful occupier and retains that permission for production on request by a Police Officer or Authorised Officer.
Part B - Sale and supply of food
Definitions
B.1. "Food" includes:
(a) drink;
(b) articles and substances of no nutritional value which are used for human consumption;
(c) chewing gum and other products of a like nature and use; and
(d) articles and substances used as ingredients in the preparation of food or anything falling within (a) to (c).
B.2. The Licence Holder must not use any vehicle, kiosk or moveable stall unless a Food Authority in Scotland has granted the certificate required by section 39(4) and (4A) of the Civic Government (Scotland) Act 1982.
B.3. The Licence Holder must not sell, supply, store, offer or expose for sale any food unless the Council has approved in writing the arrangements for its storage, preparation, handling and exposure for sale.
B.4. The Licence Holder must maintain the approved arrangements at all times.
B.5. At all times when street trading, the Licence Holder must wear a clean overall, keep themselves and their clothing clean, ensure every employee maintains a high standard of cleanliness, keep every moveable structure, kiosk, stall or vehicle in a clean and proper condition, and ensure all trade equipment, utensils, fixtures and fittings are clean.
B.6. No smoking is permitted in a vehicle, kiosk or moveable stall at any time.
Part C - Itinerant Street Traders
Exclusion zone
C.1. The Licence-Holder must not engage in street trading within 50 metres of any establishment or premises (this includes any land, shops, kiosks, vehicles and moveable structures) where any goods or articles are sold or offered for sale, or services are offered, which are of the same or similar type as those sold or offered by the Licence-Holder.
The Licence-Holder may apply to the Licensing Authority for exemption from this Condition or part of it. If the Licensing Authority decides on the individual circumstances of each case to grant such an exemption, the exemption will not come into effect until it has been endorsed on this Licence.
Refuse and litter
C.2. The Licence Holder:
(a) must collect and remove any refuse produced or accumulated as a result of the licensed activity, including refuse left by customers;
(b) if remaining at a location for longer than five minutes, must provide an accessible litter bin or other receptacle for use by customers;
(c) must not deposit refuse on any street, pavement, footway or other land;
(d) must take reasonable steps to prevent any person engaged in or assisting with the licensed activity from depositing refuse on any street, pavement, footway or other land; and
(e) immediately before leaving a location, must inspect the area within 25 metres of the trading unit, so far as safely and lawfully accessible, and collect and remove refuse reasonably attributable to the licensed activity.
Movement and duration
C.3.1. Where a trading unit stops, parks or is set up at a place for the purpose of the licensed activity, the Licence Holder must not cause or permit the trading unit, any ancillary equipment or the licensed activity to remain at that place for longer than 20 consecutive minutes unless the Licence bears an Extended Stop Endorsement under C.3.2.
C.3.2. An Extended Stop Endorsement may state an exact maximum period, no longer than the Licensing Authority considers reasonably required:
(a) not exceeding 60 consecutive minutes for ready-for-sale food meeting C.3.3(a); or
(b) not exceeding 120 consecutive minutes for significant on-site food preparation or cooking meeting C.3.3(b).
C.3.3. A longer period applies only where it is expressly endorsed on the Licence and the following requirements remain satisfied:
(a) for a ready-for-sale food endorsement, the food has been prepared before arrival in accordance with the arrangements approved under B.3 and is ready for immediate sale or service on arrival, apart from packaging, portioning, adding condiments, preparing or dispensing drinks and maintaining a safe serving temperature; no cooking, baking, frying, grilling or reheating of food may take place at the location; or
(b) for an on-site food preparation endorsement, the Licensing Authority has accepted that significant preparation or cooking at the location reasonably requires the endorsed period, taking account of the declared equipment and process, including any necessary equipment or oven heat-up, preparation, cooking, service, cleaning and departure.
C.3.4. An Extended Stop Endorsement relates to the approved trading method and trading unit and may be used at changing locations within the geographical area in which the Licence otherwise authorises itinerant trading. It does not create a fixed stance, require each proposed location to be notified to or approved by the Licensing Authority in advance, or displace A.10, A.11 or any other permission or legal requirement.
C.3.5. The applicable maximum period under C.3.1 or C.3.2:
(a) begins when the trading unit first stops, parks or is placed at the place for the purpose of the licensed activity, including waiting at the intended trading place;
(b) ends only when the licensed activity has ceased and the trading unit and all ancillary equipment have been removed from the place;
(c) includes parking, setting up, food or other preparation, equipment heat-up, waiting, taking and fulfilling orders, serving customers, cleaning, dismantling, clearing and departure; and
(d) for the purposes of C.3.7 and C.3.8, a place is vacated only when the requirements of paragraph (b) are met.
C.3.6. The applicable maximum period is not paused or reset by an absence of customers, a temporary cessation of trading, a staff break, repositioning at the place, or movement of the trading unit by less than 200 metres. The Licence Holder must stop taking orders in sufficient time to comply with the applicable maximum period.
C.3.7. After vacating a place, the Licence Holder must not next stop, park or set up the trading unit for the purpose of the licensed activity, or next carry on the licensed activity, at any place less than 200 metres from the place vacated.
C.3.8. Where the trading unit or any ancillary equipment remained at a place, or the licensed activity was carried on there, for longer than 20 consecutive minutes, the Licence Holder must not, during the three hours beginning when that place was vacated, stop, park or set up a trading unit for the purpose of the licensed activity, or carry on the licensed activity, at the place vacated or at any other place less than 200 metres from it.
C.3.9. A distance under this Condition is measured in a straight line on a horizontal plane from the nearest point of the area previously occupied by the trading unit or ancillary equipment to the nearest point of the proposed trading unit or ancillary equipment.
C.3.10. If a sudden vehicle or equipment breakdown, collision, medical emergency, unsafe road condition or direction of a Police Officer or Authorised Officer prevents safe or lawful movement:
(a) C.3.1, C.3.7 and C.3.8 are suspended only to the extent and for the period reasonably necessary;
(b) the Licence Holder must cease the licensed activity immediately, take all reasonable steps to remove the trading unit and ancillary equipment as soon as it is safe and lawful, and comply with any officer's direction; and
(c) the Licence Holder must retain reasonable evidence of the event and provide it to the Licensing Authority on request.