Guildford - Propose To Dispose Of Open Space Land

GUILDFORD BOROUGH COUNCIL
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 (THE ACT) SCHEDULE 4 – ADOPTION OF STREET TRADING CONSENT PROVISIONS

Notice is given that on 19 November 2025 Guildford Borough Council proposes to pass the following resolution relating to street trading in its area:

(1) That from the 1 January 2026, all areas of land within the Borough of Guildford which are “streets” within the definition of that term contained in Paragraph 1(1) of Schedule 4 to the Act shall be designated as “consent streets” with the exception of any area of land referred to in the resolution (2) below;

(2) The following areas shall not be designated “consent streets”:

a) Public Authority “owned or controlled” parks, landscapes and green spaces

b) Any area of park, landscape or green space “owned or controlled” by a registered charity

c) Car parks or recreational areas which are linked to or service 
a) - b) above 
d) Common Land

The above areas will be designated as “non-consent streets” 2A – The areas listed in (2) above will not include any highway on the list of streets maintainable at public expense pursuant to section 36 (6) of the Highways Act 1980; 

(3) Interpretation:

For the purposes of resolution (2) above:
i) “owned or controlled” means having a sufficient estate or legal interest in the area of land to enable the relevant Public Authority or registered charity to restrict and regulate the use of that area.

ii) “Public Authority” means Surrey Council or Guildford Council or any Parish or Town Council the whole or part of whose area falls within the boundary of the Guildford Borough Council.

iii) The term “street” includes any road, footway, beach or other area to which the public have access without payment and any service area as defined in section 329 of the Highways Act 1980.

iv) The term “non-consent street” includes the areas defined in resolution (2) above

v) The term “Street Traders” means any persons selling to exposing or offering for sale any article (or living thing) in a street.

This resolution will rescind and replace the existing resolution dated 17 January 2018 which currently designates all streets within Guildford Borough shall be designated as consent streets in line with Schedule 4, Paragraph 2 (13) of the Act.

This resolution will make it an offence to sell or expose or offer for sale any article (including a living thing) in a street, with the exception of non-consent streets, without first obtaining a consent from Guildford Borough Council. Anyone who engages in street trading in any consent street within the Guildford Borough Council area without consent will be committing an offence and will be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

“Street traders” wishing to operate in “non-consent streets”, will have to obtain permission from the body who has ownership and control of that area and abide by any terms and conditions imposed.

The following activities are not street trading under the Act: trading by authorised pedlars, markets and fairs permitted by charter or legislation, news vendors (subject to restrictions), sales from petrol filling stations, sales from a shop or street outside a shop when used as part of the business of the shop, roundsmen, charity collections authorised by the Council and trading from facilities or structures authorised under the Highways Act 1980.

Any person wishing to make comments may do so in writing to the Licensing Service, Guildford Borough Council, Millmead House, Millmead, Guildford, Surrey, GU2 4BB or by email to regulatoryservices@ guildford.gov.uk by Sunday 2 November 2025. 

The Council’s Licensing Committee will consider any objections to this proposed resolution on 19 November 2025. 

Mike Smith, Licensing Lead, Regulatory Services, Guildford Borough Council, Millmead House, Millmead, Guildford, Surrey, GU2 4BB Dated 15 August 2025