Agenda item

The Head of Housing and Health submitted a report proposing that the Council’s existing Street Trading Consent Policy be revised and updated taking into account relevant case law and best practice, and ways in which the policy could further the Council’s latest priorities and objectives.  The Committee was invited to utilise its power under the Council’s constitution to review draft strategies to be put to the Council for determination in due course. 

The Service Manager (Environmental Health) outlined the proposed key changes to the existing policy, the anticipated potential impacts of these changes, the proposed changes to fees and the consultation undertaken.  The proposals in the report would not require any additional resources to be identified.   

Councillor Snowdon asked whether the proposed restriction on selling of food and confectionery within 100 metres of an educational establishment would be measured from the entrance or the perimeter of the establishment, and in a straight line or by the shortest road route.

The Service Manager (Environmental Health) advised that measurement would be taken as the crow flies from the perimeter of the premises.  The Chairman noted that this could cover quite a large area and a number of Members expressed concern that this could have the unintentional effect of preventing street trading, for example on an adjacent industrial estate.  The Head of Housing and Health stated that the policy was not intended to ‘catch out’ any existing traders in this way and invited Members to let him know of any specific cases that they felt could be affected in this way. 

Councillor Hollebon stated that she had raised a number of questions in advance of the meeting and thanked the Officers for their responses. 

Councillor Snowdon proposed that the list of prohibited goods for which street trading consent would not be granted at section 6.1 k) of the proposed new policy be extended by the addition of two further items, namely Chinese Lanterns and Helium Balloons.  Councillor Hollebon further proposed a third addition, namely Fireworks.  Officers advised that this could be done although the sale of fireworks was regulated in any case by Trading Standards.

Councillor Frecknall suggested that in addition to prohibiting the use of petrol and diesel generators in Air Quality Management Areas, the policy should provide a general incentive for all traders to use more sustainable power sources.

Councillor Drake asked whether it was appropriate for street trading to take place at all in Air Quality Management Areas, as queueing customers could be adversely affected by poor air quality.  Councillors Hollebon and Frecknall concurred.  Officers advised that in most cases customers would only be present for a short time. 

The Head of Housing and Health thanked Members for their comments and advised that the points raised would be considered either as part of finalising the new policy or via other appropriate mechanisms. 

Councillor Symonds asked whether the policy would regulate groups of persons who may be driven to areas of the district to peddle goods or services door-to-door.  The Service Manager (Environmental Health) advised that this did not represent street trading but undertook to look into the matter and revert to Cllr Symonds with any relevant information. 

It was proposed by the Chairman and seconded by Councillor Snowdon, that the recommendations in the report be approved subject to three additional points to reflect the concerns raised by Members during the debate as follows:

-                          That the list of prohibited goods at section 6.1 k) of the proposed new policy should be extended also to include Chinese Lanterns, Helium Balloons and Fireworks;

-                          That the new policy should discourage any street trading within an Air Quality Management Area; and

-                          That any existing traders affected by the new policy should be treated with the maximum consideration to avoid any adverse impact on existing businesses.

After being put to the meeting and a vote taken, this motion was declared CARRIED.

RESOLVED – the Executive Member for Wellbeing and the Head of Housing and Health be requested to give consideration to the matters raised by the Committee prior to drafting the final version of the proposed revised Street Trading Consent Policy and accompanying report for determination by the Council, and in particular:

(A)       the list of prohibited goods at section 6.1 k) of the proposed new policy should be extended also to include  Chinese Lanterns, Helium Balloons and Fireworks;

(B)       the new policy should discourage any street trading within an Air Quality Management Area; and

(C)       any existing traders affected by the new policy should be treated with the maximum consideration to avoid any adverse impact on existing businesses.