Agenda item - Street Trading - Designation of Streets

Agenda item

Street Trading - Designation of Streets

Minutes:

The Committee considered a report which detailed the draft revised Street Trading Policy.

 

The Senior Licensing Practitioner, Worcestershire Regulatory Services (WRS), introduced the report and in doing so informed the Committee that prior to commencing the formal consultation exercise, he had met with the Bromsgrove Centres Manager to discuss the way that street trading was currently controlled.

 

As a result of that meeting, it was agreed that whilst reviewing the Council’s Street Trading Policy, it would be worthwhile reviewing the current arrangements for designating where and how street trading was controlled.

 

The Senior Licensing Practitioner, WRS and the Bromsgrove Centres Manager were of the opinion that it would be preferable to designate all streets in the District as ‘consent’ streets with the removal of any ‘prohibited’ streets. 

 

Appendix 1 to the report, detailed those streets designated as ‘prohibited’ and ‘consented’ streets.

 

This would allow every application to be considered on its own merits and would enable street trading to be permitted in what were currently deemed ‘prohibited’ streets.  For example, it would enable short term community events or other similar events to street trade, which would enhance and provide a benefit to the wider community.

 

Additionally it was felt that the draft revised street trading policy would, if Members agreed to adopt it, put in place a robust framework for consultation and consideration of applications on their own merits.  Therefore the need to designate any streets as ‘prohibited’ would be diminished.

 

The Senior Licensing Practitioner, WRS, drew Members’ attention to paragraph 3.17 in the report, which detailed the legal procedure that would have to be followed under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982; if Members agreed to the Council’s intention to pass resolutions rescinding all existing designations of streets and designate all streets in the District as ‘consent’ streets.

 

Any representations received in relation to the notice, as detailed in the preamble above, would be brought back to a future meeting of the Licensing Committee.

 

The Senior Licensing Practitioner, WRS, responded to questions from Members and reassured Members that each application would be determined on its own merits, provided that it was located in an area where it made a positive contribution and did not give rise to concern.  Also the required consultation with the relevant agencies would still be carried out.  This would include consulting with any owners / occupiers of any nearby properties near to the proposed location of the trading site.

 

The Senior Licensing Practitioner, WRS, responded to further questions from the Committee with regard to the potential costs and highlighted that as detailed in the report; that the costs associated with publishing the required notices would be met from existing budgets held by Worcestershire Regulatory Services.

 

Councillor C. M. McDonald requested that it be recorded that she had voted against the proposal.

 

Councillor S.P. Shannon abstained from voting on this matter.

 

RESOLVED:

(a)  that officers be authorised to publish a notice of the Council’s intention to pass resolutions with effect from 1st December 2017, to rescind all existing designations of streets under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 and designate all streets in the District (as existing at the time of making of the resolution and in the future) as consent streets; and

(b)  that officers be authorised to serve a copy of the notice, as detailed in the preamble above, to the Chief Officer of Police and highway authority for the area. 

Supporting documents: