Catering Trailer on Private Land

by michelle
(hartlepool)

Hi i have opened a catering trailer on private land, before doing so i contacted planning to see if anything needed to be put in place prior to opening, i was over the moon when i received confirmation that i didn't but was advised to contact licensing to see if i needed a street traders license.

I was told i could apply for a license or place a person on the gate and request an admission fee. I wanted to do everything by the book so applied for a street trading license, i was told by a lady in the licensing department that it should go through within a few days so i opened the following week.

Now adjoining the private land i am on is a row of shop (greggs, subway and a fish shop) now when i opened on Monday the fish shop put a complaint in to the council and they did what they had to do and paid me a visit, now after 2 days of hell this is where i am currently at, if my license is granted i cannot sell any breakfast items as the other 3 shop sell these.

I could take the wheels of the trailer and apply for planning permission to change it from a trailer to a structured fixture and sell anything i want or employ someone to stand at the gate and charge an admission fee of a 1p, now i can’t understand the fee to enter through the gate as it does not go to the council but i have been told i cannot put the penny entry fee on to their purchase. Please provide any advice as i feel don’t know where to turn at the minute.
Thanks

Michelle

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Apr 06, 2016
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Charging for access
by: Anonymous

The reasons for charging people to enter is that under the Local Authorities Act you are within 7m of the road and whilst it is on private land people are free to come on to it without a charge. If you charge people to come on then it gets rid of the public access part and you should be able to serve what you want. Licences for Street trading can be refused or altered if there is an argument you are taking trade away from already established traders.

Mar 04, 2016
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by: David-

Hi Michelle,

I’m sorry to hear about your situation – the only advice I can recommend is to seek legal advice. I can see why these big brands would complain as you are competing directly with them and are a threat to their business.

Complaining to the council is the normal course of action a competing business will take. They are hoping you don’t have a legal right to trade and by complaining can get rid of the opposing business quickly.

If you go down the route of taking of the wheels and turning the trailer into a permanent structure, you will probably be liable for business rates, etc. Find out before you choose this option.

Another option may be to consider changing the menu to offer; waffles, donuts, popcorn, crepe etc. You may find this a better option and one that will not put you in direct competition with your competitors.
It’s great you have secured the pitch/locations, maybe it’s now time to change tact if you unable to sell your original breakfast menu. Hope this help.
David


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