Agenda item

Report from the Executive Director of Regeneration and Environment.

Recommendations:

That Cabinet:

1.    Approve consultation to determine whether the Council should adopt Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982.

2.    Approve consultation on the draft Street Trading Policy, as outlined in the report.

3.    Note that, following consultation, a further report will be presented to Cabinet outlining the final recommendations regarding the adoption of Schedule 4 and the introduction of a Borough-wide Street Trading Policy.

At the Chair’s invitation a report was presented by Councillor Williams, Cabinet Member for Transport, Jobs and the Local Economy, seeking approval to undertake consultation on a proposed Street Trading Policy and the adoption of the relevant legislation required to regulate street trading across the borough.

It was explained that the report had been revised following earlier scrutiny comments and included additional context, clearer definitions of street trading, further information on consultation proposals and a stronger explanation of the intended benefits of the policy. Members were advised that the policy was intended to provide a framework for managing and supporting legitimate street trading activity, promote business opportunities, protect consumers and ensure activities were appropriately regulated. It was also noted that the report sought approval only to undertake consultation, with a further report to be brought forward following the consultation period to determine whether the policy should be adopted.

The Chair invited members of the Overview and Scrutiny Management Board (OSMB) to raise questions and queries.

Councillor Thorp queried whether the policy would address concerns regarding businesses extending trading activities onto the public highway outside their premises. Alan Pogorzelec, Head of Regulatory Services, explained that such activity was exempt from the legal definition of street trading and would instead be addressed through existing planning and highways enforcement powers. Assurance was provided by the Cabinet Member for Transport, Jobs and the Local Economy that enforcement action was already being pursued where appropriate.

Councillor Yasseen reiterated concerns regarding the evidence base for the policy and the absence of equality data relating to those who may be affected. Concerns were also raised regarding the use of existing enforcement powers and the information provided on proposed charges. Clarification was provided by the Head of Regulatory Services that market traders and organised markets were excluded from the policy and would not be subject to the proposed charging arrangements.

Councillor Monk welcomed the additional information provided and sought clarification on how the policy would operate in practice, particularly in relation to fee structures, potential impacts on trading patterns and events involving mobile traders. The Head of Regulatory Services explained that the policy would enable the Council to manage trading locations more effectively and that organised markets and similar events on private land would be exempt from the policy.

Councillor A Carter questioned whether the policy represented a proportionate response to a relatively limited issue and sought information on the likely officer resources required to implement and administer it. The Executive Director of Regeneration explained that the policy was intended primarily to create opportunities for legitimate trading activity and provide a fair regulatory framework rather than address a significant enforcement problem.

Councillor Yasseen further questioned how the policy could support new businesses and consumer choice while allowing consent to be refused where similar goods were already available nearby. The Head of Regulatory Services explained that the intention was to encourage a varied trading offer, maintain consumer choice and avoid creating unfair competition for existing businesses.

The Vice-Chair sought clarification on requirements placed on mobile traders, including restrictions on how long they could remain in one location and expectations regarding movement between trading positions. The Head of Regulatory Services explained that these requirements reflected existing legislation and guidance, with traders expected to move sufficient distances to engage different customer groups rather than remain in a single location.

The Chair then sought a show of hands from Members in support of the proposed recommendations. Upon being put to the vote, the recommendations were carried noting two members voted against the proposed recommendations and one member abstained from the vote.

Resolved: That the Overview and Scrutiny Management Board supported the recommendations that Cabinet:

1. Approve consultation to determine whether the Council should adopt Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982.

2. Approve consultation on the draft Street Trading Policy, as outlined in the report.
   
   
3. Note that, following consultation, a further report will be presented to Cabinet outlining the final recommendations regarding the adoption of Schedule 4 and the introduction of a Borough-wide Street Trading Policy.