Agenda item - Upper Gardner Street Trading Policy Review

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

RESOLVED - (1) That members agree to approve the suggested varied conditions as listed below and shown in the amended Street Trading Policy in Appendix A.

• Traders will ensure suitable refuse storage and remove refuse at the end of trading;

• D. The Trader shall not place, store or sell, expose or offer for sale any article outside the trading area marked out at the specified site with the exeception of Upper Gardner Street where traders can extend to an adjacent marked trading area when it is unoccupied;

·         E The Trader shall at all times whilst trading provide a suitable receptacle for rubbish and litter and remove the rubbish and litter from the site at the end of each days trading. Such rubbish and litter is not to be placed in municipal litter bins.

The conditions to take effect from 1 April 2020.

24.1    The Committee considered a report of the Executive Director of Housing, detailing recent consultation which had been undertaken recently by the licensing team reviewing the Council’s Street Trading Policy, with regard to removing the exception wording applying to the Upper Gardner Street market in conditions D and E which would bring Upper Gardener Street into line with the rest of the Street Trading Policy and citywide market policy. A copy of the consultation letter and the Street Trading policy were contained in Appendix A to the report.

24.2    The Licensing Authority welcomed the benefit that the Upper Gardener Street Market brought to the city and acknowledged that it had been in existence for over 100 years. The aim of the proposed changes was to make Brighton & Hove’s Street Trading Policy more transparent, enforceable and consistent and to bring the market in line with the rest of the Council’s Street Trading Policy. Following visits to the market officers had observed traders operating outside their specified marked site and refuse being left at the end of the trading day. This had led to obstruction and litter complaints from residents and other traders. A consultation exercise had been undertaken between 30 October 2019 and 27 November 2019 and the responses received were summarised, broadly speaking residents were in favour of the proposed changes and traders were not. The report recommendations to vary the existing conditions sought to address this situation equitably.

24.3    An amendment had been received from the Conservative Group proposed by Councillor Simson and seconded by Councillor Wares as set out below:

          “To amend recommendation 2.1 so that the second bullet point is amended with the inclusion of the wording as shown in bold italics:

D. The Trader shall not place, store or sell, expose or offer for sale any article outside the trading area marked out at the specified sitewith the exception of Upper Gardner Street where traders can extend to an adjacent trading area when it is unoccupied.”

24.4    Councillor Simson stated that her proposed amendment sought to address the needs of residents and traders in a fashion that would be acceptable to both and would address residents’ concerns whilst recognising the markets unique historical character. Provided traders did not cause an obstruction she considered that use of adjacent unoccupied areas was acceptable provided that all rubbish was cleared appropriately when trading ceased for the day. Councillor Wares concurred in that view.

24.5    Councillor Deane agreed that if, as proposed traders would be able to extend sideways into the adjacent area that would be acceptable as it would enable available space to be taken up without causing obstruction to other users of Upper Gardner Street.

24.6    Councillor Simson stated that the amendment was intended to provide traders with the opportunity to maximise the space available without impacting on residents or other users.

24.7    Councillor Ebel stated that she supported the proposal as it made it clear what was permitted and whilst supporting traders also supported the needs of residents and the access needs of others, including those for instance who might be wheelchair bound by seeking  to prevent obstructions.

24.8    Councillor O’Quinn, the Chair, stated that she was in agreement that the proposed amendment represented an appropriate way forward, and that as suggested it was important that traders were responsible for ensuring that that their own rubbish was removed appropriately when market ceased trading for the day. As that appeared to be a bone of contention with residents that would in her view address 0ne of their major concerns. Other Members concurred in that view.

24.9    Members then voted on the proposed amendment which was agreed. Members then voted on it as the substantive report recommendation, It was agreed unanimously.

24.--   RESOLVED - (1) That members agree to approve the suggested varied conditions as listed below and shown in the amended Street Trading Policy in Appendix A.

• Traders will ensure suitable refuse storage and remove refuse at the end of trading;

• D. The Trader shall not place, store or sell, expose or offer for sale any article outside the trading area marked out at the specified site with the exeception of Upper Gardner Street where traders can extend to an adjacent marked trading area when it is unoccupied;

·       E The Trader shall at all times whilst trading provide a suitable receptacle for rubbish and litter and remove the rubbish and litter from the site at the end of each days trading. Such rubbish and litter is not to be placed in municipal litter bins.

These conditions to take effect from 1 April 2020.