Do You Need a Street Trading Licence on Private Land?

The short answer: usually no — but it depends on the council's interpretation of "street" and how close you are to the public highway. Some councils apply a 7-metre rule that catches private land near roads. Others take a narrower view.

This is one of the most common questions food truck operators ask, and the answer is more nuanced than most guides suggest.

What the Law Says

Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 defines "street" broadly. It includes:

"any road, footway, beach or other area to which the public have access without payment"

The key phrase is "other area to which the public have access without payment." This is where it gets complicated. A private car park that the public can freely enter could arguably fall within this definition, even though it's privately owned.

However, private land that is genuinely restricted — fenced, gated, or requiring payment to enter — would not normally be considered a "street" under the Act.

The 7-Metre Rule

Some councils (not all) apply a practical threshold: if you're trading on private land within 7 metres of the public highway, you need a street trading licence or consent.

The logic is that even though you're technically on private land, your stall is visible from and accessible to passing pedestrians — so it functions as street trading in practice.

This is a local interpretation used by some London boroughs and larger urban authorities — it is not written into the 1982 Act itself and is not applied universally. Always confirm with the specific council.

When You Definitely Don't Need One

You are unlikely to need a street trading licence if:

• You're trading inside a building (shop, warehouse, kitchen)
• You're at a private event on enclosed private land (wedding, corporate event, private festival)
• You're on land that the public cannot freely access (fenced site, gated car park with a barrier)
• You have the landowner's written permission and the land is clearly private

In these cases, the landowner's permission is what you need — not a council licence.

When You Might Need One

You might need a street trading licence on private land if:

• The land is within 7 metres of the public highway (in councils that apply this rule)
• The land is a private car park, forecourt, or lay-by that the public can freely walk into
• You're trading from a front garden or driveway facing a public footpath
• The council defines "street" broadly to include any area with unrestricted public access

If a licence is required, the application process is the same as for public streets — see our guide on how to apply for a street trading licence for the full steps.

Council-by-Council Variations

This is the frustrating part: there's no national standard. Each council interprets the 1982 Act differently.

Councils that take a broad view may require licences for trading on any land visible from or accessible from a public highway — including private car parks, petrol station forecourts, and pub car parks.

Councils that take a narrow view only require licences for actual public highways and designated streets, leaving private land trading unregulated (as long as you have the landowner's permission).

The only way to know for certain is to ask the specific council for the area where you plan to trade. Contact their licensing team, describe your exact situation (including the location, whether it's private land, and how close it is to a public highway), and get their answer in writing.

What About Events and Markets on Private Land?

If you're attending a market, festival, or event on private land:

• The event organiser is usually responsible for any licensing arrangements with the council
• You'll still need your own food hygiene certificate, food business registration, gas safety certificate, and public liability insurance
• You may need the organiser's written permission or an exhibitor/trader agreement
• Some councils require event organisers to obtain a temporary event notice or specific event trading consent

Don't assume the organiser has handled all the licensing. Ask them directly what permissions they've obtained and what you need to provide yourself.

What Happens If You Get It Wrong?

Trading without a required licence is a criminal offence under the 1982 Act, punishable by a fine of up to £1,000. Your goods and equipment can also be seized.

The risk is higher if you're visibly trading near a public highway. Enforcement officers patrol busy areas, and complaints from local businesses or residents can trigger inspections.

If you're genuinely unsure whether you need a licence for a specific private land location, the safest approach is to ask the council. A quick email or phone call to the licensing team costs nothing and gives you certainty. For a full overview of every licence and certificate you need, see our complete food truck licensing guide. You can also try our free compliance checker for a quick assessment of your setup.

Checklist: Private Land Trading

Before trading on private land, confirm:

• You have the landowner's written permission
• You've checked with the local council whether a licence is needed for that specific location
• You have your own food business registration (from the council where your vehicle is stored overnight)
• You have a valid food hygiene certificate
• Your gas safety certificate and PAT testing are up to date
• You have public liability insurance covering the trading location
• If it's an event, you've confirmed what licensing the event organiser has arranged

Sources

• Local Government (Miscellaneous Provisions) Act 1982, Schedule 4 — Street Trading
• GOV.UK — Street Trading Licence