Agenda item

To consider a report by the Head of Planning, Public Protection and Countryside Services (copy enclosed) updating members on the review of the street trading policy and recommended next steps.

RESOLVED that the Committee –

(a)       approve the draft street trading policy (Appendix A to the report) for consultation, and

(b)       support the establishment of a Sub-Group to further consider the policy to include the Chair and/or Vice Chair to represent the Licensing Committee together with a representative from each of the Member Area Groups.

The Senior Licensing Officer (JT) submitted a report (previously circulated) updating members on the review of the Council’s street trading policy and recommended next steps together with the draft policy for members’ consideration.

Some background was provided in terms of the legislative processes and current operation of the street trading regime in the county which was being reviewed in order to provide a fit for purpose policy which also addressed concerns of all who may be affected.  The definition of street trading had been detailed within the report together with legal exemptions for certain types of trade and those regulated by other means or authorities.  The Committee had agreed an initial consultation on a draft policy in December 2016 followed by a public consultation with no comments received.  However subsequent feedback had been received from other individuals, members and council teams and in light of the challenges faced by high streets compounded by the coronavirus pandemic, it was considered that further work was required before a fit for purpose policy could be presented back to the Committee.  Consequently members were asked to consider the latest draft policy for further consultation and the establishment of a Sub Group to further discuss the policy.

During consideration of the report members agreed that it was important to ensure how best the policy could support fixed outlets and street traders alike, particularly given the changing face of town centres and high streets and taking into account the impact of the coronavirus pandemic.  Given the challenges faced it was agreed there was a need for flexibility in the policy and recognition that some fixed traders had adapted practices to deliver their businesses in response to the pandemic, including utilising outdoor space.  The current inconsistencies across the county with regard to trading practices was also highlighted, which was largely due to the absence of a formal policy and reliance on the current regulations.  Officers clarified that fixed traders utilising the pavement would require a pavement licence from the Highways Section but those trading from within the curtilage of their premises (6 – 9 feet) did not require a licence.  Councillor Joan Butterfield added that for eateries, planning permission was required for tables and chairs in a defined area outside of the premises.  Whilst officers were keen for a policy to be in place at the earliest opportunity the need for the policy to be robust and fit for purpose was paramount.

Members discussed the report recommendations and Councillor Brian Jones felt there would be merit in forming a Sub Group with elected member representation from across the county to further consider the policy.  There was some debate as to whether the Sub Group would be best served by cross party or geographical representation and it was subsequently agreed that a geographical spread would be preferable.  Councillor Brian Jones proposed, seconded by Councillor Joan Butterfield to approve the draft policy for consultation and support the creation of a Sub Group to include the Licensing Committee’s Chair and/or Vice Chair and representation from each Member Area Group.  Upon being put to the vote it was –

RESOLVED that the Committee –

(a)       approve the draft street trading policy (Appendix A to the report) for consultation, and

(b)       support the establishment of a Sub Group to further consider the policy to include the Chair and/or Vice Chair to represent the Licensing Committee together with a representative from each of the Member Area Groups.