Agenda item

(Director of Corporate Support Services) To consider the attached report.

The Senior Licensing Officer presented a report concerning street trading consents for the established markets within the District.

The Senior Licensing Officer reported that there were six markets currently operating within the District. The markets at Epping and Waltham Abbey operated under a Charter, and North Weald Market was not on the public highway, therefore these three markets did not require a street trading consent. The three remaining markets in Ongar High Street, The Broadway and the Sunday market in Loughton had been treated as operating under a Charter in the past. However, it had been established that this was not the case, and technically these three markets required a street trading consent at a cost of £355 per market. There was anecdotal evidence of informal permissions having been granted in the past, before the Street Trading legislation had been adopted, but no tangible evidence could be produced to support this argument.

The Committee noted that Licensing Officers had written to the Market Operators to inform them that they had to pay the requisite fee of £355 and place an advertisement in a local paper to gain the necessary consent. The Market Operators and their local Councillors had expressed concerns that the consent and advertising fees would impact upon the viability of the Markets, and that these fees had never been levied in the past. The Council’s current Street Trading Policy stated that each application would be considered on its merits, and it was proposed that the three historic markets in Ongar, Loughton and The Broadway should be required to obtain consents but the application fee, and subsequent renewal fees, would be waived. The requirement to place an advertisement in a local paper would still remain though.

The Committee felt that the three Markets were each an important part of the local community and should be supported; the proposed solution was considered to be appropriate in the circumstances. It was highlighted that these markets did charge for their pitches and that the pitch money at the Ongar Market paid for its public liability insurance. The Senior Licensing Officer reassured the Committee that Officers would check for public liability insurance as part of the application/renewal process, and informed the Committee that any Burger Vans at a market would not require a separate Street Trading Consent.

Resolved:

(1)        That the following proposals in respect of established markets within the District be recommended to the Council for approval:

            (a)        That the established markets currently operating in Loughton (Sunday        Market), The Broadway, Debden and the High Street, Ongar be required to    apply for a consent in accordance with the Street Trading Policy, but that the      requisite fee of £355 and subsequent renewals be waived;

            (b)        That each applicant be required to advertise their application in a local        paper, in accordance with Street Trading practice; and

            (c)        That the Council’s requirements for issuing a licence be complied with       for any new applications received to operate a market in the District; and

(2)        That the Council’s practice in granting street trading licences be formalised as a Policy and that consultation be undertaken in respect of the proposed Policy.