Decision details

In 2020, the council updated and consolidated its aged policies regarding street trading and market trading into a new Street Trading Consent Policy. At the time, the council chose to regulate markets under powers contained in the Local Government (Miscellaneous Provisions) Act 1982. This policy change unified and simplified the council’s approach.
Since introduction of the new policy in 2020, however, the council and other partners, notably several town councils in the district, have expressed a renewed interest in providing, developing and promoting markets. Indeed, the council’s Corporate Plan, approved by Council on 28th February 2024, explicitly states that a key priority for council is to ‘help create thriving high streets, by encouraging local markets…’
Given this fresh focus, East Herts Council invited the National Association of British Market Authorities (NABMA) to advise on market promotion, licensing and regulation and offer ideas for enhancing the local offer. Central to NABMA advice was that ‘the Food Act 1984 contains the modern statutory framework for markets’.
In order to fully utilise the powers and freedoms afforded the council under the Food Act 1984 to introduce new incentives, fees structures and other market licensing policies and procedures, it is necessary to amend the council’s legislative basis for market licensing and regulation from use of the Local Government (Miscellaneous Provisions) Act 1982 powers to those in the Food Act 1984.

To amend the legislative basis for East Herts Council’s licensing and regulation of markets from use of powers under the Street Trading provisions in the Local Government (Miscellaneous Provisions) Act 1982 to those afforded the council under the Food Act 1984.

Option 1 - Not amend the legislative basis for the licensing and regulation of markets in East Herts – NOT RECOMMENDED as this would not allow the council to benefit from the powers contained in the Food Act 1984 to license and regulate markets in a modern and flexible way, including adopting new approaches to their development and promotion.
Option 2 - Amend the legislative basis for market licensing and regulation by East Herts Council as described in the decision - RECOMMENDED so as give the council the ability to draw up new approaches to the development, licensing and regulation of markets using the benefits and powers contained in the Food Act 1984.