Agenda item

Report of the Executive Director (Public Protection, Planning and Governance) seeking the approval of an introduction of a new condition which would prevent additional name(s) being added to an existing street trading consent. 

Report of the Executive Director (Public Protection, Planning and Governance) sought approval of an introduction of a new condition which would prevent additional name(s) being added to an existing street trading consent.

Members expressed concerns that a trader, who having grown their business and wished to pass it on to a family member, would be unable to do so due to the conditions of the policy.

Officers explained that the Council was responsible to promote consistency and fairness towards the street trading applications and consents.  Currently the Council held a waiting list of 16 people who would only have an opportunity of a pitch when one became vacant.  There was already very little movement in the waiting list as traders did not tend to give up their pitches.  Should a second name be added to a consent the effect would be to dramatically reduce the chances of those on the waiting list being offered a pitch.  This was quite unlike shops when the lease ran out or a property was sold. 

Officers went on to explain that the number of available pitches had reduced since the policy had last been reviewed.  The current number of available pitches was five as opposed to the 15 as stated.  This was due to a number of reasons including advice received from Highways, the location of the pitch or the suitability of the site.

Members expressed the view that the Environment Overview and Scrutiny Committee should be fully involved with the process when the policy came under review. 

Officers further advised that the pitch holders were made fully aware that the consent would be non-transferable when making an application for a new pitch and each subsequent year when applying to renew their consent.  There was the potential to create extra space or pitches however this would be dependent on the Members of the Council amending the policy and increasing the number of streets or pitches available.  Members would be consulted at the appropriate stage when a firm steer or robust approach would be welcomed.

Officers reported that burger vans were very popular and did very well as a family run business.  The Council did not want to ruin businesses but it was imperative that whatever policy was in place was applied fairly, openly and transparently and where a need or issue was identified that Officers took the necessary action to rectify these gaps.  It would be difficult to apply the principles of openness and transparency should each application to add a second name be matter be dealt with on a case by case basis.

Members noted that trading from a pub car park was outside the scope of the policy and different rules applied and that food hygiene regulations applied to all pitches.

In summary, Members acknowledged that it was important to find a balance to protect those applicants who had been legitimately on the waiting list for some time with those who which to pass-on or handover their pitch of their business.  Members accepted that this was the nature of this sector and concurred that the introduction of a new condition would prevent an additional name to be added to an existing consent and the pitch being passed on by-passing the waiting list and would be much fairer all round.

RESOLVED:

(1)     That the proposal to add a new condition to the Street Trading consent policy be agreed and recommended to Council for adoption.

(2)     Environment Overview and Scrutiny Committee be involved with the review of the Street Trading Consent policy.