Agenda Item No
The Vale of Glamorgan Council
Licensing Committee: 9th July 2013
Report of the Director of Development Services
Proposed Amendment to the Current Policy Regarding Street Trading Consents
Purpose of the Report
1. To consider an amendment to the licensing of Trading as part of a Community Event.
That the amendment as outlined in the Report, including the setting of an administration fee to reduce the burden on community events wishing to attract street traders be adopted.
Reason for the Recommendation
To support and encourage participation in Community Events by relieving prospective traders of the burden of obtaining a full Street Trading Consent.
2. On 9th February 2010 the Licensing Committee approved standard fees to apply for the processing and approval of Street Trading Consents which came in to force on 1st April 2010. A copy of the table of standard fees is attached at Appendix A to this Report.
3. The application process for a Street Trading Consent, regardless of the purpose or duration of the activity, is as follows;
· The applicant completes and submits an application form along with the application fee and passport photographs of each person to be working on the stall.
· A Licensing Officer sends consultation notices to the relevant authorities setting a date for responses to be sent. This period is normally 28 days but can be shorter if necessary.
· Any responses received are considered and, usually, mediated. If there are no responses the application is automatically approved.
· The applicant is then required to pay the approval fee.
· The Consent document and identification badges are produced and given to the applicant.
4. The standard fee for a Street Trading Consent for 1 day is £12.00 for the application followed by an approval fee of £44.00, £56.00 in total.
5. In November 2012 the Department for Business Innovation and Skills issued a consultation document on changes to Street Trading legislation in England, Wales and Northern Ireland. The consultation ran until 15th February 2013. As yet there is no date proposed for any changes to the legislation to be enacted.
6. Licensing Officers are aware that there is a need for a thorough review of Vale of Glamorgan policy and procedure in relation to Street Trading; however, this will now be postponed in light of the expected changes to the legislation.
7. Issues have arisen in relation to Street Trading Consents and trading at community events, with both prospective traders and event organisers finding the current process costly and onerous.
8. This may be having a negative effect on community events by discouraging traders from participating.
9. A number of other Local Authorities have made special provisions to promote trading at community events in their area by either reducing or negating the fees, or by exempting traders at these events from the Street Trading controls altogether.
Relevant Issues and Options
10. In order to address these issues, it is proposed that the application process for traders wanting to operate for one day as part of a community event is simplified.
11. Should these proposals be adopted, traders will be required to submit an application form a minimum of ten working days in advance of the event to the Licensing Section.
12. The application should be accompanied by written confirmation from the community event organisers that the applicant is to trade as part of the event.
13. The applicant will not be required to supply photographs as identification cards will not be issued with this type of Consent.
14. A limited consultation process will then take place. Since it is usual practice for these events to take place off the highway, or for road closures to be in place, it will not be necessary, for instance, to consult the Highways Department. However, where the trader intends to sell food, the Environmental Health Department will be consulted as usual.
15. Traders will be issued with a Consent Notice from the Licensing Authority confirming their permission to trade at the event.
16. There will be a charge of £12.00 per trader to cover administration costs.
17. Any traders at the event that have not been granted Consent will be treated as unauthorised Street Traders and may be subject to legal action.
Resource Implications (Financial and Employment)
18. Resources directed to the administration and determination of Street Trading Consents may be recovered through Street Trading Fees and Charges.
Sustainability and Climate Change Implications
19. None as a result of this report.
Legal Implications (to Include Human Rights Implications)
20. Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 section 9 states:
(1) A district council may charge such fees as they consider reasonable for the grant or renewal of a street trading licence or a street trading consent.
(2) A council may determine different fees for different types of licence or consent and, in particular, but without prejudice to the generality of this sub-paragraph, may determine fees differing according -
(a) to the duration of the licence or consent;
(b) to the street in which it authorises trading; and
(c) to the descriptions of the articles in which the holder is authorised to trade.
Crime and Disorder Implications
21. Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime and disorder implications whilst regulating licensable activities. We must have due regard to the likely effect of the exercise of those functions on the need to do all we can reasonably do to prevent crime and disorder in our area.
Equal Opportunities Implications (to include Welsh Language issues)
22. The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.
23. To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious diseases, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare. To maintain a fair and equitable trading environment.
Policy Framework and Budget
24. This is a matter for Licensing Committee decision.
Consultation (including Ward Member Consultation)
25. Debbie Spargo, Principal Civil Protection Officer.
26. Richard Price, Legal Officer.
Relevant Scrutiny Committee
27. Housing and Public Protection.
Amanda Ewington, Licensing Team Leader, 01446 709105
Richard Price, Lawyer, Legal Services 01446 709409
Rob Thomas, Director of Development Services.