Agenda item

The Licensing and Support Services Manager and Principal Officer (Licensing), Worcestershire Regulatory Services (WRS) provided Members with a verbal update on the Council’s Street Trading Policy, and in doing so, explained that the current policy had come into effect on 1^st December 2017 and therefore the policy now needed to be reviewed to ascertain if the policy was still current.

Members were being asked for any comments / updates that they felt should be included within the policy, prior to consultation, should any changes be agreed during the course of the meeting. .

Licensing Officers, WRS had met with the Bromsgrove Centres Manager, whereby the possibility of including Street Trading Consents for one day events or pop up events (one and or two day events) should be included in the policy. There had been a number of community focused events in the District and it was felt unreasonable that Street Traders, who wanted to trade at these community focused events should have to pay the full cost of a Street Trading Consent, which was normally granted for a for 12 months.

A shorter duration other than 12 months could be considered but one / two day consents were not specifically referred to in the current policy, or any reference to reduced application costs for such community focused events.

Officers further referred to the Disclosure and Barring Service (DBS) checks and if signing up to the DBS Update Service Check should be included in the policy.

Members debated this and having debated the idea, felt that whilst this was a great idea, officers had previously stated that DBS checks could take anywhere between three to twelve weeks to be processed, so the DBS check may not be received in time for the applicant(s) to street trade at a community event. This would also create additional work for Licensing Officers who would have to recheck the DBS Update Service every six months.

Members also queried as to why applications could not be considered from anyone under 17 years of age, and restrictions on any assistants that successful applicants might employ. Officers clarified that there was specific legislation regulating the employment of young people, and the hours and type of work they could carry out / be employed for. Members agreed that information relating to the employment of young people should be referred to in the revised policy.

Members raised a query with regard to children putting up stalls outside of their homes to raise money for charity, was this considered Street Trading? And what would happen if any complaints were received from neighbours?

Officers stated that it was considered Street Trading, however a Street Trading Consent could only be issued to over 17 year olds. Officers would have to investigate any complaints received.

In response to further questions from Members, officers confirmed that Worcestershire County Council (Highways) were consulted with on Street Trading Applications, as detailed on page 18 of the main agenda pack – 3.3 Processing an Application.

Members further asked that should the community focused events / market days be cancelled due to severe weather conditions, were traders reimbursed?

Officers stated that refunds were not issued for closures due to severe weather conditions.

Members also asked in the shopkeepers saw the market / street traders as competition, if they were selling similar goods?

Officers briefly referred to the Markets Charter, and the Council also had Market Regulations. Market stall holders and street traders could not operate near a ‘like by’ shop premises.

Members queried the following, in section 3.7 – Key Considerations –

‘the proposed consent holder is not considered to be a suitable person to be granted a street trading consent for any reason.’

Could officers include any further definition, in the revised policy, as to the reasons why a proposed consent holder may not considered to be a suitable person to be granted a street trading consent.

RESOLVED that

a)    the Street Trading Policy be revised to include the comments and amendments as discussed in the preamble above, and 

b)    the revised Street Trading Policy be brought back to the next meeting of the Committee for Member consideration, prior to consultation.