(Director of Neighbourhoods) To consider the attached report (LCS-002-2014/15).
The Assistant Director of Neighbourhoods (Environment & Neighbourhoods) presented a report concerning the public consultation on amendments to the Council’s Street Trading Policy.
The Assistant Director reminded the Committee that it had considered an amended Policy at its previous meeting in April 2014 and agreed that a public consultation should be carried out. The consultation began in July 2014 and a total of six responses were received; these were summarised at Appendix 1 of the report. Some of the comments had suggested further amendments, and the Committee was requested to consider these and whether the Policy should be further amended.
The first potential amendment concerned the distance that members of the public were away from the site to qualify as a consultee. The current policy stated “…in the vicinity” but it was suggested that the Council should be more prescriptive and use a 150 metre radius as per applications under the Licensing Act 2003. The Assistant Director was of the opinion that a 150 metre radius for public consultation was reasonable and could be defended in court. The Committee agreed the amendment.
The second potential amendment concerned consulting with neighbouring authorities if the application site was situated close to a border. The Committee interpreted this comment to be referring to Town and Parish Councils within the Epping Forest District and felt that this suggestion was sensible. The Assistant Director also agreed that section 3, paragraph (d) of the proposed Policy could be more explicit about the types of photographs required, including one with the number plate in full view. The Senior Licensing Officer confirmed that physical documents would still need to be inspected if an application was received on-line; it was felt that this should be made clear in the Policy.
In respect of some of the other comments received, the Assistant Director stated that Town and Parish Councils were already included in the list of consultees for Street Trading Licence applications, and the issue of advertising materials being placed on the Highway was covered by other legislation already. In respect of the comments received from the Neighbourhoods Manager at the Council, the Assistant Director stated that new applications were subject to the same requirements as renewal applications, however it was implied rather than explicitly stated in the Policy; this could be remedied within the new Policy. And any trading outside of the permitted hours would be enforced against.
(1) That the comments received from the consultation on the new Street Trading Policy be noted; and
(2) That the proposed Street Trading Policy be agreed, subject to the following amendments:
(a) members of the public which lived within 150 metres of the application site would be consulted upon the application;
(b) an adjacent Town or Parish Council would be consulted upon an application if the site was close to its Local Council boundary;
(c) to explicitly state within the Policy that new applications were subject to the same requirements as renewal applications;
(d) the Policy to be more explicit about the type of photographs required for an application, including a photograph with the number plate of the vehicle in clear view; and
(e) physical documents would still need to be inspected for on-line applications.