Agenda item - Member Involvement

To consider the following matters raised by councillors:

(a)      Petitions: to receive any petitions submitted to the full Council or at the meeting itself;

(b)      Written Questions: to consider any written questions;

(c)      Letters: to consider any letters;

Zone B Street Trading Review – Letter from Councillor Peltzer Dunn (copy attached)

(d)      Notices of Motion: to consider any Notices of Motion referred from Council or submitted directly to the Committee.

6a        Petitions

6.1       There were none.

6b       Written Questions

6.2       There were none.

6c        Letters

6.1       The Chair confirmed that one letter had been received from Councillor Peltzer Dunn as set out in the agenda and below:

            “I have previously raised my concern about a serious road safety problem that has arisen outside the entrance to West Hove Junior School and other schools where it appears that street traders have sited their ice cream vans in very close proximity to the school’s exit.  This results in the pavement being blocked and children and adults being forced out into School Road placing them in danger during the very busy time when the children leave school.

Provided the traders van is in a legal parking space no action can be taken as they are not breaking any Council regulations for Street trading within Zone B of the scheme.

Over the past years there has been increasing debate over the unhealthy nature of school children’s eating habits and this is certainly not helped by the proximity of street traders vans such as that above.

I am aware that a review was undertaken in 2009 in respect of the possibility of having exclusion zones and that the Street Trading Policy was agreed in 2013. However, I believe that in the interests of both road safety and on health grounds it would be appropriate for the committee to request officers to undertake a review of the Council’s Street Trading Policy within Zone B to prohibit such street trading within a minimum of 50 metres of a School’s entrance/exit.”

6.2       The Chair gave the following response:

            “In 2009 the Licensing Committee considered a report into possible exclusion” zones around schools in 2009 and after extensive consultation the Licensing Committee decided that using street trading regulations to promote healthy food, although appealing, may not be proper use of the regulatory controls. There has been a recent case in North Lanarkshire which ruled that a ban on Burger vans selling within 250 metres of schools was not lawful on grounds of diet and health.

Street trading consent regulations’ primary purpose is to prevent obstruction of the street or danger to persons using it, or nuisance or annoyance to people using the street or otherwise. The department promotes diet, health and local food issues including engagement with school children by its healthy awards scheme and the recently launched Sugar Smart City initiative. Using street trading regulations to promote healthy food, although appealing, is not likely to be proper use of the Regulatory controls.”

Street Trading Consent Zone B

Local Government (Miscellaneous Provisions) Act 1982

The Council’s Street Trading Policy was set by Members at Licensing Committee after extensive consultation and was last considered at Licensing Committee on the 21^st November 2013.

The city centre streets, with a few exceptions, are prohibited streets. There are five static pitches within the City Centre (Zone A), mainly off Western Rd Brighton, where trading is permitted. Outside of the city centre (Zone B), traders with a consent can trade on the highway, providing they are not causing a nuisance, obstruction or danger to the public. The Council’s street trading policy can be found from the following link, http://www.brighton-hove.gov.uk/content/business-and-trade/licensing-and-gambling/street-trading which sets out in a table the type of trading permitted in certain areas of the city.

Ice Cream Vans are issued permits by the Licensing Team giving them consent to trade as “Mobile Street Trading”. Mobile Street trading is allowed in Zone B (outside of the city centre), with the exception of Parks & Gardens and within 1 mile of the Falmer Community Stadium therefore it gives mobile trading a wide area to trade from. There are no stipulations of roads but only that trading takes place within Zone B in accordance with the Street Trading Policy.

In order for any proposed Policy change to go to Licensing Committee, we would need significant input from the public in the form of a petition, deputation or councillor question for Committee to agree to begin extensive consultation on the proposed change. The basis for such change would need to be appropriate and lawful.

It is worth noting that the Licensing Committee considered a report into possible “exclusion” zones around schools in 2009 and after extensive consultation the Licensing Committee decided that using street trading regulations to promote healthy food, although appealing, may not be proper use of the regulatory controls. There has been a recent case in North Lanarkshire which ruled that a ban on Burger vans selling within 250 metres of schools was not lawful on grounds of diet and health. Please see the link to the BBC report: http://www.bbc.co.uk/news/uk-scotland-glasgow-west-34983735

The regulation of street trading by consents covers infrequent, itinerant trading. There is no right of appeal against refusal and so it is vital that licensing authorities behave in a fair and reasonable manner. An established street trader would have a reasonable expectation that his/her consent would continue. Street trading consent regulations’ primary purpose is to prevent obstruction of the street or danger to persons using it, or nuisance or annoyance to people using the street or otherwise. The department promotes diet, health and local food issues including engagement with school children by its healthy awards scheme and the recently launched Sugar Smart City initiative. Using street trading regulations to promote healthy food, although appealing, is not likely to be proper use of the Regulatory controls.”

6.3       Councillor Peltzer Dunn thanked the Chair for her response which was in line with the officer response which he had received previously. Whilst acknowledging all that had been said he had major concerns in relation to safety and would like further consideration to be given to that aspect. When he had raised this matter at the meeting of the Children Young People and Skills Committee recently Members had expressed support that the feasibility of any further action which could be taken should be explored.

6.4       Councillor Hyde noted all that had been said and asked whether it would be possible for the current arrangements to be revisited and for a report to be brought back to a future meeting of the Committee in order for members to determine whether they considered it appropriate to review the current arrangements. Councillor Hyde added that in her view it would be appropriate to look at the city as a whole than focusing only on outer areas.

6.5       Councillor Simson stated that as the existing policy had last been updated in 2009, in her view it was appropriate to revisit it, especially as it appeared that this problem might be increasing.

6.6       Councillor Deane considered that it would be very helpful to the committee if a holistic approach could be taken and thought to more generic safety issues, for instance if a vehicle was parked on the opposite side of a busy road from a school, that constituted a greater potential road safety risk than if a vehicle was parked on the same side of the road.

6.7       Councillor Moonan agreed that it would timely to investigate this matter further.

6.8       The Public Health, Licensing Lead, Jim Whitelegg explained that when this matter had been looked at in the past the means by which different types of vehicles could be defined had been unclear and it had not been permitted under legislation to consider road safety issues.

6.9       Councillor Wares sought confirmation as to the committee were agreeing to undertake a review presently? The Legal Adviser to the Committee, Rebecca Sidell confirmed  that at this stage the Committee were authorising officers to assess the current policy in relation to street  trading and to submit a report to a future meeting of the committee recommending whether it would be appropriate to review it.

6.10    RESOLVED – That a further report be brought forward to a future meeting of the committee assessing the current policy in relation to street trading and advising as to whether it would be appropriate for it to be updated.

6d       Notices of Motion

6.11    There were none.