Agenda item - Street Trading Policy Review

Report of the Executive Director of Neighbourhoods, Communities and Housing (copy attached)

6.1       The Committee considered a report of the Director of Neighbourhoods, Housing and Communities providing an update in response to decisions taken by the Committee at its meeting held in November 2016. At that time the Committee had requested 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 to consider options to prevent or restrict traders from trading on yellow lines or otherwise (potentially) contravening any road traffic regulations. This request had related primarily to councillor/resident/business enquiries into two mobile traders with Zone B permits trading close to the Zone A boundary of Church Road, Hove. One trader had been trading on double yellow lines and the other from a residents parking bay.

6.2       For members assistance it was confirmed that:

            The regulation of street trading by consents covered infrequent itinerant trading. There was no right of appeal against refusal and so it was 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. The primary purpose of Street Trading consent regulations’ was to prevent obstruction of the street or danger to persons using it, or nuisance or annoyance to people using the street or otherwise. The nature and extent of any consultation would depend on the change proposed and those affected, namely a wholesale review or varying conditions.

6.3       Councillor Janio referred to the proposed Conservative Group amendment which had been tabled prior to the meeting, this was seconded by Councillor Wares and sought to amend the recommendations set out below:

            “Recommendations:

            2.1 Agrees that consents for street trading will prohibit trading on double yellow lines and/or where other (Traffic Regulation Orders)TROs including parking restrictions exist.

            2.2 Agrees that a working group be established comprising officers and a member of each political group to propose the establishment of exclusion zones to bring a report to the next committee for consideration.”

6.4       The Chair agreed that the proposed amendment would be considered during debate of the report and would be voted on when the Committee were considering the officer recommendations.

6.5       Councillor Deane sought clarification of the legality of vehicles parking and trading on double yellow lines. The Public Health Licensing Lead, Jim Whitelegg, explained a trading permit effectively suspended the restriction, however vehicles should not be parked in a bay unless/when they were not trading and that advice was taken from the highways team before deciding whether/what action might be appropriate.

6.6       Councillor Deane stated that she whilst accepting this it did seem somewhat perverse. Councillor Bell concurred stating that it appeared unfair to those who had purchased residents parking permits for example could be disadvantaged in this way. He considered it unfortunate that an officer was not present from highways in order to answer any questions arising and it was agreed that a representative would attend future scheduled meetings of the Committee.

6.7       Councillor Wares sought clarification regarding the consultation process as he was of the view that Members needed to determine what they were going to consult on before proceeding. Councillor Wares also sought clarification of the legal position in that respect.

6.8       The Legal Adviser to the Committee, Rebecca Sidell, advised that there was power to vary conditions but that consultation with those affected by the proposed changes and other relevant authorities was necessary before any decision to vary was made.

6.9       Councillor Page sought clarification regarding those who would need to be consulted and it was confirmed that both the public and street traders would need to be consulted.

6.10    The Conservative Group amendment was voted upon but was lost and Members then went to the vote on the substantive recommendations in the report.

6.11                RESOLVED – That consideration be given to re-designating some of the streets in Zones A & B and to specifying trading times on yellow lines or parking restriction. As a firm proposal would be required with rationale and identification of proposed consent streets to become prohibitive streets would be needed to go out to consultation.