Agenda item - Street Trading Policy Review

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

15.1    The Committee considered a report of the Executive Director of Neighbourhoods, Communities and Housing detailing the Street Trading Policy Review which had been undertaken.

15.2    It was noted that The Council’s Street Trading Policy had been set by Members of Licensing Committee after extensive consultation in November 2009 and had last been considered at Licensing Committee at its meeting on 21 November 2013. At its meeting in June 2017, the Committee had considered a report requesting that consideration be given to re-designating some of the streets in Zones A & B and to prohibiting trading on yellow lines and where there were parking restrictions. The committee had noted the contents of report at that time and had recommended that officers should consult on amending conditions to prevent trading taking place on yellow lines and/or to otherwise contravene TROs (Traffic Regulation Orders) including parking restrictions. Legislation allowed for the Council to vary the conditions of a street trading consent as they consider reasonably necessary. Conditions might specify trading restrictions on yellow lines or parking restrictions.

15.3    Councillor Wares referred to the minutes where reference had been made to setting up a Member Working Group querying what the status of this now was. The Public Health, Licensing Lead, Jim Whitelegg confirmed that in the light of the consultation process, no changes were currently proposed. This would be monitored however and a Working Group would be set up if changes were proposed. The Chair stated that she considered that the decision taken had been to review the conditions rather than to revisit the zones at the present time.

15.4    Councillor Wares stated that he considered it would be appropriate to continue with the existing arrangements but to monitor the situation and to make consider making further amendments to them in the light of the outcome of the monitoring being undertaken. He remained of the view that there should be the ability to set up a Cross Party Working Group should that be deemed appropriate.

15.5    Councillor Deane sought clarification regarding whether pizza vans and similar vehicles which were parked in order to trade fell within the sui generis class and it was confirmed that they did.

15.6    Councillor Morris sought clarification regarding the position if a trader parked on a pay and display bay with no plate on display. It was confirmed that constituted a highways offence and that the trader could be removed.

15.7    Councillor Simson enquired regarding renewal of licences and it was confirmed that they were renewable annually. The general consensus of the Committee was that pro-tem it would be appropriate to retain the existing arrangements in respect of Zone B, but to allow dispensations to be given in instances where this was considered appropriate.

15.8    A vote was taken and the Committee voted unanimously to the recommendations as set out.

15.9    RESOLVED - That the Committee approves the suggested varied conditions as listed below, in light of the consultation responses contained in Appendix B to the report. In relation to Zone B Members are in agreement that the existing time limits remain and that special dispensations may be given in instances where that is considered appropriate.

            F The Trader shall operate in a manner which causes no nuisance, obstruction or danger to the Council or to the general public;

            L The Trader shall be prohibited from trading on double yellow lines;

M The Trader shall be prohibited from trading in residential and shared pay display parking bays.

N The Trader shall be permitted to trade from pay and display parking bays providing they abide by any specified maximum waiting times and display a valid ticket for that bay.

In addition the suggested Time Limits for Zone B be removed or remain as a standard (8am-6pm) but we may accept special dispensation to depart from these times upon application in individual cases.

            The above conditions to take effect immediately for new applications and upon renewal for existing traders.