Agenda item

(Technical Services - Councillor K Williamson) To adopt the proposed Market Policy (C-011-2022-23).

1.         The Cabinet agreed to adopt the proposed Market Policy;

2.         The Cabinet agreed the proposed Fees Policy and charging schedule be included in the Councils Fees and Charges Schedule and reviewed annually; and

3.         The Cabinet agreed to ratify section Section 37 of the Local Government (Miscellaneous Provisions) Act 1982, in relation to markets, that was known to have been adopted historically but did not appear in any current records.

The Technical Services Portfolio Holder, Councillor K Williamson introduced the report.

He noted that there was currently no regulatory framework in place for the establishment and operation of markets across the district, which are recognised as an important contributor to the local economy. The Food act 1984 empowers a local authority to carry out this function and Cabinet was asked to consider the proposal for the introduction of an Epping Forest District market policy that would allow the Council to influence the nature and type of markets in a particular locality for the benefit of the community. This will be regulated through a licensing regime and the costs recovered through a fee charging framework. The draft policy has been subject to a full public consultation and amendments have been made where appropriate in response to representations made.

Cabinet was also asked to ratify Section 37 of the Local Government (Miscellaneous Provisions) Act 1982, that is also relevant to the Market Policy. Whilst the Council’s constitution references the said legislation in its delegations, no minuted records exist to evidence the adoption of the legislation in the first instance. Cabinet is therefore being asked to ratify and minute the adoption of the legislation again for completeness.

Decision:

1.              The Cabinet agreed to adopt the proposed Market Policy;

2.         The Cabinet agreed the proposed Fees Policy and charging schedule be included in the Councils Fees and Charges Schedule and reviewed annually; and

3.         The Cabinet agreed to ratify section Section 37 of the Local Government (Miscellaneous Provisions) Act 1982, in relation to markets, that was known to have been adopted historically but did not appear in any current records.

Reasons for Proposed Decision:

The Council wants to encourage a market trading environment that compliments the surrounding area and retail offer, that is sensitive to the needs of all users of our town centres and provides a diversity of choice for consumers.

A Market Policy was proposed that will allow the Council to influence the nature and type of markets in a particular locality for the benefit of the community. It will also include an appropriate regulatory framework, through a licensing regime that will set licence fee conditions to protect public safety, nuisance, highways issues and other regulatory concerns

Applications for a Market Licence administered and enforced by the Licensing Team within the Regulatory Service will be subject to a fees schedule that will be reviewed annually.

Other Options for Action:

The Council has a policy for controlling street trading of single market operators in the district by virtue of street trading consents. However, it is not appropriate to apply this mechanism to market events which consist of multiple stalls each selling different products by different individual traders.

Powers vested in the Council under Part 3 of the Food Act 1984, allows it to hold markets within its area and affords the right to licence and control the frequency of such markets. It is also good practice for councils to publish a Market Policy and have a licensing regime that allows it to influence the nature and type of market for the benefit of the community.

To not adopt a new policy to address market trading events prevents the Council from having the necessary framework to influence and control the market offer to local communities and fails to provide a robust and fair regulatory regime.