Agenda item

REPORT OF THE LICENSING MANAGER

To comment upon the proposed Street Trading Policy for the Council, particularly in relation to any matters specific to Baldock.

RESOLVED:  That the report be noted, and the following comment considered by the Licensing Manager in the final version of the proposed Street Trading Policy 2018-2015:

The Licence Holder shall be responsible for the removal of any litter within the vicinity of the consent site, with the definition of vicinity being determined on a case by case basis.

REASON FOR DECISION: To provide local input into the proposed Street Trading Policy 2018-2015.

The Licensing Manager presented a report in respect of the proposed Street Trading Policy 2018-2015.  He advised that consultation had commenced on a revised Policy, part of which was to seek the views of Area Committees

By way of background, the Licensing Manager explained that the Council had adopted the appropriate Street Trading legislation in 2005.  In Street Trading terms, a “street” was a road, footway or other areas to which the public had free access (eg. car parks, shopping arcades).  Street Trading was the selling of goods that could be purchased and taken away at the time of purchase.

The Licensing Manager further explained that Charter Markets were exempt from Street Trading, as were shops that displayed some of their wares outside their frontages.  Typically, Street Trading covered burger vans, ice cream vans, ad hoc markets and community events.  In this latter regard, he stated that the revised Policy sought to continue to those parts of the existing Policy which provided encouragement for community events.

The Licensing Manager advised that the Council was able to designate streets as consent streets, where its consent was required to be able to trade within such streets;  prohibited streets, where trading would not be permitted at any time; or not to designate at all.  In 2005, the Council had chosen to designate as consent streets all streets within the District’s four main towns and the arterial roads which linked them.  Village roads/streets had been excluded from such designation.

The Licensing Manager commented that the Policy did not contain any prohibited streets, but appended to it was a list of streets where consent would not normally be granted.

In respect of Advertising Boards (A Boards) and tables and chairs outside restaurants/cafes, the Licensing Manager confirmed that those matters did not fall within the remit of street trading, but were instead the responsibility of Hertfordshire County Council under the Highways Act 1980.

The Licensing Manager stated that the main objective of the Policy was to protect the public from unregulated street traders.  The Policy also aimed to make things easier for community events to go ahead without having to go through the same process as commercial operators.  Accordingly, it was possible for an annual Town Centre consent to be issues to an appropriate Town Centre organisation (such as a BID company or Community Events Forum), so that all community or commercial operators wishing to trade within the town could approach the Town Centre organisation for permission to use their annual consent.  A cost could be levied on a commercial operator for use of the consent, with no charge for not-for-profit community organisations.

The Committee commented that consideration should be given in the Policy to Licence Holders being responsible for the removal of any litter within the vicinity of the consent site, with the definition of vicinity being determined on a case by case basis.  The list of arterial roads included in the Policy was mentioned, and the Licensing Manager undertook to review these in the light of any changes to road designations since the original Policy was adopted.  It was hoped that the Baldock Community events Forum would be in contact with the Licensing Manager with a view to obtaining an annual Town Centre consent.

RESOLVED:  That the report be noted, and the following comment considered by the Licensing Manager in the final version of the proposed Street Trading Policy 2018-2015:

The Licence Holder shall be responsible for the removal of any litter within the vicinity of the consent site, with the definition of vicinity being determined on a case by case basis.

REASON FOR DECISION: To provide local input into the proposed Street Trading Policy 2018-2015.