Agenda item

To update Members in relation to the 12 week consultation undertaken in respect of the Council’s Street Trading Policy which ended on 25^th January 2023.

Members were updated on the 12 week consultation undertaken in respect of the Council’s Street Trading Policy which ended on 25 January 2023. 

Following approval by the committee on 26 October 2022, a consultation which included Parish and Town Councils and current licence holders ran for 12 weeks. 

Three responses had been received (one anonymous, one from Pegswood Parish Council and one from Forged Flavours Limited).  Appendix A of the report. 

One of the main issues encountered by officers was that the current policy did not facilitate the issuing of consents for one off trading. 

The recommendations were listed in the report. 

The following questions were raised by members: 

• How the figures were arrived at - an assessment had been carried out with similar permits. 
• Were there discretionary powers to waiver fees – the fees for exemptions had been reviewed. 
• The proposed fee for a static trader should be treat with caution, eg market stalls – a number of consents were in place with Market Managers. 
• The determination of the fee for mobile trader, 6 months – this was a typographical error and should state 605. 
• The proposed fee of 85 for static trader – there had previously been no provision for this and was a new fee. 

The Solicitor advised that each recommendation should be considered separately. 

Councillor Wallace moved recommendation 1 for approval, which was seconded by Councillor Sharp and unanimously agreed. 

Councillor Wallace moved recommendation 2 for approval, which was seconded by Councillor Parry and unanimously agreed. 

In respect of recommendation 3, Councillor Wallace moved that applicants be required to submit a basic disclosure and barring certificate and was seconded by Councillor Parry.  Upon being put to the vote, 10 members voted in favour to accept the proposal and 1 voted against. 

Councillor Wallace moved acceptance of the proposed fees for street trading as per Appendix B of the report  and was seconded by Councillor Gallagher.  Upon being put to the vote, 10  members voted in favour to accept and 1 voted against. 

          RESOLVED that: 

1.       Approval of the following amendments to the policy: 

a)       The introduction of  daily consent for street trading. 

b)       Daily consents be limited to 6 per applicant and 6 per site per year. 

c)       The requirement for consultation for daily consents be removed and replaced with a notification. 

2.       The current list of exemptions to the application process and fee be amended to the following: 

a)       An event that is community-based and run, for non-commercial purposes, such as a fete or school fund raising activity.  Where any of the profit of the trading is retained by the trader for private gain, and not passed to the organisers of the event for use in, or by, the community concerned then the trader will not benefit from the fee exemption (unless a fee is charged to those entering the event); 

b)       Sales of articles by householders on land within the boundary of their home providing that this is not a commercial concern eg, selling home grown fruit and vegetables, homemade jams, etc.  Such sales are seen as disposal of surplus domestic produce rather than trading. 

3.       Applicants  be required to submit a basic disclosure and barring certificate. 

4.       Fees for street trading be amended as per the Proposed Fees of Annex B of the report. 

A review to be carried out in 18 months.