Agenda item

Consideration was given to the report of the Corporate Director, Neighbourhood Services regarding the adoption of a Street Trading Policy (for copy see file of Minutes).

C Rudman, Licensing Manager reported that the proposal to introduce a Street Trading Policy was not statutory but would regulate the current ad-hoc situation, following the Council’s adoption of powers to regulate street trading throughout the County. The proposed Policy was attached at Appendix 2 of the report and was a framework within which the Council would exercise it’s control of street trading. He referred to slight amendments to the document, namely that the reference in paragraph 3 of the foreword should state that the Council adopted legislation for the control of street trading in County Durham in December 2011. Under Section 9 ‘General Presumptions’ the Policy should state that street trading consents would normally be refused for ‘individual applications in the City of Durham and in some market town locations on non-market days unless the trading forms part of an organised event.’

A consultation exercise had been undertaken and the responses were set out in Appendix 3.

The Officer summarised the main aims of the Policy which would ensure that applications were dealt with in a fair and proportionate way and would protect public health and safety. Consideration had been given to certain locations where there were significant cultural or heritage reasons to protect them, and also in locations where certain types of trading would be detrimental. For example, Public Health had requested that the Policy include a statement that an application for fast food in close proximity to schools would not normally be acceded to.

The Policy did not deal with street trading designations which was a separate issue and would be considered at a later date.

Councillor Blakey endorsed the proposals to discourage fast food trades in close proximity to schools and Councillor Glass welcomed the proposed Policy which would harmonise the current situation. The Member also asked about the application process and was advised that if a consultee did not respond within the specified time period of 14 working days it would be assumed that there were no adverse comments.

Councillor Nearney also offered his support to the proposals which would ensure consistency and avoid disparity. In response to a question from the Member, C Rudman explained that the Council could impose charges in addition to the licence fee for cleansing, refuse collection etc. These charges were dependent upon location and were based on cost recovery.

C Rudman continued that Councillor Carr had expressed concern about the selling of legal highs and asked Members to consider if a statement should be included in the Policy to discourage this activity.

Members discussed this at length and noted the Council’s responsibility for Public Health. In response to questions and comments, C Greenlay, Principal Solicitor (Litigation) advised that each application had to be considered on its own merits and it would not be possible to prohibit the selling of legal highs. However a statement could be included in the Policy under ‘General Presumptions’ that street trading consents for these substances would normally be refused. This would reinforce the Council’s responsibility for Public Health and help an applicant make an informed decision about making application. The term New Psychoactive Substances (NPS) would be appropriate and was sufficient to reflect any new legal substances that may come onto the market in the future. 

Following discussion it was Resolved:

That

(i)            The adoption of the proposed Street Trading Policy by the Council be supported;

(ii)          a further report be submitted to Council seeking approval for the adoption of the proposed Street Trading Policy, subject to the minor amendments referred to by the Licensing Manager, and to the inclusion of an additional statement in Section 9 ‘General Presumptions’ that street trading consents for the sale of NPS would not normally be acceded to;

(iii)         a schedule of fees be devised for approval by the Director of Neighbourhood Services.