Agenda item

Further to the previous agenda item which asked the Licensing Committee to approve consultation on a draft revised Street Trading Policy, the Committee was also asked to give approval to the advertisement of a proposal to designate all streets in the Borough as ‘consent streets’ (streets in which street trading was prohibited without the consent of the Borough Council), for the purposes of controlling street trading.

The Senior Practitioner (Licensing) (‘SPL’), Worcestershire Regulatory Services, advised that he appreciated there were arguments on both sides of the divide.  In response to Members’ questions he confirmed that no complaints had been received in relation to streets which were currently designated as prohibited.  Members were advised what their involvement would be in the process should all streets be designated as consent streets. 

The rationale behind Officers’ request to designate all streets in the Borough as consent streets and remove any prohibited streets (a street in which street trading is prohibited), was that this would allow every application to be considered on its merits and would enable street trading permitted in what were currently prohibited streets, where this was felt appropriate.  This could be, for example, to facilitate a short-term community event or other similar event where the ability to allow street trading would enhance the event and provide a benefit to the wider community.  Additionally, Officers felt that the draft revised Street Trading Policy would, if adopted, put in place a robust framework for consultation and consideration of all applications received on their own merits.  Therefore the need to designate any street as prohibited streets would be diminished.

During the course of the debate on this Members expressed varying viewpoints.  In response to Members’ concerns the SPL made clear that there would still be the ability, in appropriate circumstances, for a consent which had been given to be referred to the Committee for consideration, which the Committee could revoke should there be genuine reason(s) for this.  Members noted that as only approximately 5 licences had been granted under the Street Trading Policy (which did not include market traders, which were separate) there was capacity for the Committee to deal with any issues should these arise.     

The SPL set out the broad approach behind recommendation 2.1 of the report, and how this would work.  Members felt that Officers should first consult on the Council’s intention to rescind all existing designations of streets under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, rather than publishing its intention to do so.  Any relevant responses received to the consultation on this, which would link in with the consultation on the Street Trading Policy discussed under the previous agenda item, could then be considered by the Committee, as necessary.    

RESOLVED that

Officers be authorised to consult with relevant parties on the Council’s intention to pass resolutions which would take effect on 1st September 2018 and which would rescind all existing designations of streets under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, and designate all streets in the Borough (as existing at the time of the making of the resolution and in the future) as consent streets.