Issue - meetings

To consider a recommendation from the General Licensing Committee.

Councillors received the recommendation from the Licensing Committee with regard to Street Trading Controls – Adoption of Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982.

It was proposed by N Ireland seconded by J Andrews

Decision

i)               That Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (as amended) be adopted and shall apply throughout the Dorset Council administrative area with effect from 6 December 2024, or such later date as is agreed by Council.

ii)              That all existing street trading delegations and designated streets remain in place subject to any future amendments.

Reason for the decision

Adoption of Schedule 4 of the Act, for the whole of the Dorset Council area would enable a new Street Trading Policy to be implemented which would be fair, consistent and equitable across the Dorset Council area. This would give the Council, as Licensing Authority greater control over street trading and would ensure that all traders are subject to the same application, enforcement and licence conditions regardless of where they trade.

There are currently existing designations for Street Trading in the former Weymouth & Portland, West Dorset, Purbeck and East Dorset Council administrative areas.

Each of the former District and Borough Council’s had their own policies and procedures for Street Trading and Officers intend to introduce a new Street Trading Policy covering the whole of the Dorset Council administrative area.

This report sets out the details of a proposal to regularise the adoption of the provisions of Part III and Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 (‘the 1982 Act’) for the whole of the Dorset Council administrative area.  Schedule 4 of the 1982 Act contains provisions relating to street trading and the designation of Prohibited, Licensed, and Consent Streets, the setting of fees, the administration of licences and consents, and enforcement in the event of non-compliance.

The Service Manager for Licensing and Community Safety introduced the report. He outlined that in order to control street trading in Dorset, Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 needed to be formally adopted, by way of resolution. The Legislation had previously been adopted by some of the predecessor Councils, however it was not Dorset area wide. He requested that the Committee make a recommendation to Full Council to pass a resolution to formally adopt Schedule 4 of the Act, which would enable licensing to implement a new Street Trading Policy.

Proposed by Cllr Jill Haynes, seconded by Cllr Matt Bell.

Decision:

1. That the Committee recommended that Full Council pass a resolution to formally adopt Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 (as amended) which shall apply throughout the Dorset Council administrative area with effect from 6 December 2024, or such later date as is agreed by Council.

2. That all existing street trading delegations and designated streets

remain in place subject to any future amendments.