Agenda item - Street Trading – Review of mobile street trading near schools in Brighton & Hove

Report of the Executive Director for Neighbourhoods, Communities & Houisng (copy attached).

1)            That the committee notes the contents of this report.

2)            That officers should continue to monitor trends of applications/complaints and illegal activity to inform future policy.

3)            That the committee requests officers to explore options for a review of the street trading policy with a view to changing the designation of streets in zones A and B and consider options to prevent or restrict traders from trading on yellow lines or otherwise (potentially) contravening any road traffic regulations, and bring a report to the next committee for consideration

29.1      The Committee considered a report or the Executive Director, Neighbourhoods, Committees & Housing that set out the results of the limited review of all street trading activity within 50m of schools as requested by the Committee at its meeting held in November 2016.

29.2      Councillor Wares stated that whilst not directly related to the report, there was an urgent matter that the committee needed to be made aware of, and review. Councillor Wares noted that current policy meant that mobile stalls were not permitted in the city centre but could be located on the outskirts of the city. Councillor Wares stated that there was currently a mobile stall located directly opposite Hove Town Hall and because the location was just outside the regulated zone, no action could be taken. The stall was neither infrequent nor itinerant and traded in favourable circumstances compared to the local business that had to pay business rates.  Councillor Wares supplemented that the mobile stall was parked on double yellow lines which were put into place by the council to prevent obstruction or danger.

29.3      Councillor Wares moved the following motion to add a recommendation 2.3 as shown in bold italics below:

2.3      That the committee requests officers to explore options for a review of the street trading policy with a view to changing the designation of streets in zones A and B and consider options to prevent or restrict traders from trading on yellow lines or otherwise (potentially) contravening any road traffic regulations, and bring a report to the next committee for consideration

29.4        Councillor Bell formally seconded the motion.

29.5        The Public Health Licensing Lead stated that the Licensing team were guided by their colleagues in Highways in relation to parking obstructions and dangers and they had advised that the mobile stall would have been asked to move if it had met this criteria. Conversations between the two regarding parking on double yellow lines were continuing and could be included in any report on options should that be agreed.

29.6        Councillor Morris stated that the list of consultees at paragraph 4.1 of the report appeared odd as it did not include any schools which were the focus of the report.

29.7        The Public Health Licensing Lead clarified that the list at paragraph 4.1 detailed organisations that would be consulted in the case of a wholesale review of policy. The consultation with schools carried out was detailed at paragraph 3.2 of the report.

29.8        Councillor Bell enquired as to the regulations on street furniture in place for mobile stalls.

29.9        The Public Health Licensing Lead stated that licenses for street furniture were required and should be produced where challenged to.

29.10     Councillor Simson noted that a review of the council’s Street Trading Policy had last been undertaken in November 2013 and asked if this was a typical timeframe for a review to be instigated. Furthermore, Councillor Simson enquired as to the difference between a pedlars certificate and a street licence.

29.11     The Public Health Licensing Lead answered that there was no statutory obligation to review Street Trading Policy within a certain timeframe and changes were typically made according to circumstance. With regard to pedlars certificates and street licences, the Public Health Licensing Lead explained that the latter were issued by the council and the former were issued by the police according to their own guidelines and case law about how they are issued.

29.12     Councillor Simson asked if those issued pedlars certificates were enforced by the police.

29.13     The Public Health Licensing Lead stated that the police would lead on enforcement and the council also undertook monitoring activity.

29.14     The Chair then put the motion proposed by Councillor Wares to the vote which was carried.

29.15     The Chair put the recommendations as amended to the vote which were approved.

29.16     RESOLVED-

1)            That the committee notes the contents of this report.

2)            That officers should continue to monitor trends of applications/complaints and illegal activity to inform future policy.

3)            That the committee requests officers to explore options for a review of the street trading policy with a view to changing the designation of streets in zones A and B and consider options to prevent or restrict traders from trading on yellow lines or otherwise (potentially) contravening any road traffic regulations, and bring a report to the next committee for consideration