Highway Maintenance

Trading on the Highway

1. Introduction

1.1 Roadside trading is discouraged for safety reasons and unauthorised trading on the highway has always presented the Highway Authority with difficulties. Whilst the Highways Act 1980 S147a(i) specifically makes roadside trading an offence on the principal road network, securing a successful prosecution has been difficult due to the complexities of the legislation and the need to demonstrate that the activity represents a safety risk.

It is also recognised that there may be situations where trading from the highway may be carried out in a safe manner and offer a beneficial service to the highway user.

2. Relevant Legislation

The provisions of the Local Government (Miscellaneous Provisions) Act 1982 maybe enacted by the District Council to help regulate and control the activity. Section 147A of the Highway's Act is only appropriate in specific situations relating to the principal road network.

3. Policy

3.1 Hampshire County Council does not allow trading on the highway unless the location has been specifically designated as a ‘licence street’ under the provisions of the Local Government (Miscellaneous Provisions) Act 1982. A street may also be designated a 'Prohibited Street' in which street trading is prohibited.

3.2 Should trading on the principal road network be taking place without approval and the highway has not been designated then the County Council shall take action under the powers of the Highways Act 1980 Section 147A to remove the offender in appropriate situations relating to the principal road network.

3.3 In order to control and regulate the activity the County Council shall promote with District Councils a designation of the network as either ‘prohibited street’ or ‘licence - street’ for trading.

3.4 Designation of the network under the provisions of the Local Government (Miscellaneous Provisions) Act 1982 is enacted by District Councils and the Highway Authority shall be consulted.

3.5 A licence to trade will be issued by the District Council to individual traders on the designated network as appropriate.

Version No:   1.1

Effective:   From - 01/07/2005

If copied or printed, this document should be treated as uncontrolled and correct only at the date it was copied or printed.