Agenda item

To present the General Licensing Committee with a report outlining the responses received during the consultation period following publication of the new draft Street Trading Policy (the draft Policy).

The Service Manager for Licensing and Community Safety presented the report, outlining the proposed new policy measures following an initial consultation exercise. The responses to the consultation had been reviewed, and several amendments had been made to the draft policy as a result. Four key recommendations were discussed, and the committee was invited to address any concerns or differing opinions. The legislation surrounding this issue was complex. Further consultation was proposed and if meaningful responses arose, though such responses were not expected, the matter would be brought back before the committee. The consultation, which followed official guidance, received a good number of responses with the consultation team’s support. The draft policy had been adapted accordingly, with the plan to designate all streets in Dorset as consent streets to avoid people simply moving to nearby streets which were not designated.

The consultation report outlined responses from across Dorset, providing several examples. It was the officer’s opinion that street trading controls were necessary, with each application being assessed on its individual merits. The policy included provisions on displaying licences, and an amendment had been made regarding trading on private land, which now included an exemption.

Cllr Bell thanked the officer for the presentation and inquired about the timeframe for town council consultations.

Cllr Beer expressed the view that covering all streets to ensure that they were regulated was a positive approach and a good way to support town councils.

Response 21 emphasized the need to ensure that street traders granted licences on an ad-hoc basis, did not conflict with existing traders in the area, whilst encouraging variety and opportunities for local entrepreneurs. Response 24 mainly addressed highways issues, with the commitment to work with town councils and find compromises if concerns arise. Strict conditions would have to be implemented to address littering and minimize impacts on local amenity. Regarding application fees, officer time, and enforcement costs would be taken into account, with a discount provided to registered charities.

Cllr Beer emphasized the importance of clarifying for members that the policy only applied to registered charities.

Additional conditions regarding Challenge 25 had been added following responses from Dorset Police to ensure that where alcohol was sold appropriate checks were made. The Pedlars' legislation, was outdated and designed for sellers who move from place to place. However, if a pedlar remained in a static position and customers approached them, they would be street trading. If the street was designated, it would fall under the controls of this policy and anyone who traded without a licence or who didn’t fall within an exemption would potentially be subject to prosecution. A significant response was received from Lyme Regis, and it was determined that their income from street trading would not be impacted. A comprehensive response from public health had also been considered, with conditions added to reflect their feedback.

Cllr Fry raised concerns about the sale of alcohol, noting its potential to be damaging to health. He also pointed out that certain goods, which contained harmful chemicals, could be problematic, especially to young children. He asked how these issues would be addressed and included in the policy.

Additional controls had been added for the sale of alcohol as well as for the sale of vapes, and non-nutritious foods near schools. Public health had been included in the consultation process, and each application would be considered on its own merits. The aim is to reach a compromise that balances the interests of applicants, consultees and the local community.

Cllr Beer was pleased with the policy, highlighting that it provided valuable support to local authorities.

Cllr Fry sought clarification, noting that there were 62 responses to the survey, but only 42 were listed. He asked for an explanation as to why the remaining responses were not included.

Cllr Bell noted that the policy did not replicate existing trading, which he considered a positive aspect. He referred to section 6.2, where a set distance was mentioned, and asked how the ‘vicinity’ judgment would be made. He also questioned why a specific distance measure was not included.

Cllr Beer brought up the topic of busking, seeking clarification from a member's point of view.

Cllr Fry inquired about the records that street traders would be required to keep and asked what would happen if they set up without obtaining a licence and no complaints were made. He questioned how this situation would be managed.

Proposed by Cllr Les Fry, seconded by Cllr Matt Bell.

Decision: 

a)    That the proposed alterations to the draft Policy[LA1] [JN2]  were agreed.

b)    That the Service Manager Licensing & Community Safety is authorised to proceed with the statutory advertising process for street designations.

c)    That where no responses are received during the statutory advertising process, the Policy be recommended to Full Council for adoption, however, should responses be received then a further report be brought back to this Committee for consideration.

d)    The Service Manager Licensing & Community Safety is authorised to make any further minor editorial changes to the proposed Policy as required