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Do I Need a Street Trading Licence on Private Land?

by Greg
(Swindon)

Burger van trading from a private industrial estate yard

Burger van trading from a private industrial estate yard

Hi I have a burger van witch is situated on a private road to a yard witch is on an industrial estate I have permission from the owner to trade from there this is a fixed unit with a hatch but the council are trying to charge me £2000 for a trading licensed but I am about 20 meters from any public road would this apply or are they trying it on

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May 25, 2026
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by: MobCater

Hi Greg, I understand why a £2,000 bill from the council has set alarm bells ringing, especially when you are trading on private land with the owner's blessing. This one trips up a lot of people, so let me explain how it actually works.

Street trading licences in England and Wales come from the Local Government (Miscellaneous Provisions) Act 1982. The key word in that Act is "street", and a street is defined as any road, footpath or other area that the public can get to without paying. So the test is not how many metres you sit from the main road, it is whether the public has free access to the exact spot where your van stands. If your yard is genuinely private, gated or clearly signed as private, and people cannot just wander in, then street trading rules usually do not bite and the landowner's permission is what counts.

Here is the grey area though. Industrial estates can be tricky because the public can often drive straight in to reach the units, and some councils will argue that this makes the access public even on a private road. That is almost certainly the line they are taking with you, and honestly it comes down to how your particular site is laid out and how your council reads it.

What I would do is write to the licensing team and ask them, in plain terms, to tell you exactly which section of the law they are relying on and why they treat your yard as a street with public access. Get it in writing. That alone often makes a council think twice if they have been a bit heavy handed.

Two things apply wherever you trade, so do not get caught out. You still need to be registered as a food business with environmental health, and because you have a fixed unit with a hatch the council may also raise planning permission for change of use of the land. That is separate from street trading and worth sorting before they bring it up.

For a £2,000 disagreement it can be well worth a quick word with NCASS or even a licensing solicitor before you pay anything. One last thought to cheer you on: I know someone running a burger bar on a small industrial estate who does very nicely, so you have picked a decent spot for trade. Just get the licence question pinned down in writing first.

Hope that helps

David

Disclaimer: This is general advice for UK mobile catering. Licensing rules vary between councils, so always check with your local authority before you start trading.

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