Agenda item

The Board to consider recommending changes to the current application requirements or standard conditions relating to the Council’s Street Trading Consent Policy (report attached).

Shelley Bowman, Place Protection Manager (Licensing, Patrol, Enviro-crime) and Lauren Arthur, Licensing Apprentice will be in attendance at the meeting to guide the discussion.

The Chair welcomed Ms Shelley Bowman, Place Protection Manager (Licensing, Patrol, Enviro-crime) and Ms Lauren Arthur, Licensing Apprentice, who provided information on proposed changes to the current application requirements or standard conditions relating to the Council’s Street Trading Consent Policy. The Board was informed that the Council had, previously, adopted the provisions of the Local Government (Miscellaneous Provisions) Act 1982 Schedule 4 and had designated that all streets within Rushmoor would need consent for street trading to be carried out lawfully. Street trading was defined as the selling, exposing or offering for sale of any article in a street, except for pedlars, markets or fairs, news vendors, trading at petrol stations and shops or roundsmen. It was explained to Members that a street was defined as any road, footway, beach or other area to which the public had access without payment. It was confirmed that the Council had not had a cohesive policy document up to now but that decisions had been taken on their merits, based on historic decisions that had been made by Members some time ago. It was now proposed to produce a policy as it was felt that some of the historic decisions taken no longer represented a realistic way forward in these times. Examples of street trading that would need to be considered would be the sale of Christmas trees from people’s homes, coffee and other home-based  refreshment outlets and the growth of ‘cake sheds’ in the Borough. Members were asked for their recommendations on changes to the current application requirements or standard conditions.

In discussing the content of the presentation, the Board raised the following points:

·                    Confirmed that ‘cake sheds’ are controlled from a food safety perspective and do not need to register for this purpose

·                    Does ‘honesty box’ count as trading? Street trading legislation not explicit but licensing team interpretation is that it counts in terms of licensing provisions

·                    Do we need a policy after not having one for so long? Felt that policy was now needed by licensing team to enable smooth decision making

·                    Confirmed that a ‘cake shed’ does need a licence where the location meets the definition of a street and this currently costed £390, based on a cost-recovery approach

·                    Confirmed that street trading not affected by planning considerations, such as car parking etc.

·                    It was expected that the Street Trading Policy would be considered by the Cabinet around June, 2027

·                    In terms of complaints – not many received and mostly in relation to Christmas tree sellers

·                    Suggested that food inspectors should require to see proof of public liability insurance

·                    Historic decision means that the default position in town centres is that street trading is not allowed – there are now many circumstances when street trading in Farnborough and Aldershot is and should be welcomed – it is laborious to have to ‘divert from policy’ each time applications are granted

·                    Suggested that the Council should consider having designated ‘pitches’ in town centres for street trading, subject to an economic assessment of its potential impact on existing shop traders

·                    Should Council require a minimum food hygiene standard for street traders (it doesn’t for shop traders)? Felt there was more inherent risk for a street trader - could require street traders to display their food hygiene rating

In summarising the discussion, the Chair suggested and the Board agreed that the following recommendations should be passed to the Cabinet for consideration:

·                     Members were supportive of a policy that allowed trading entirely within the curtilage of a residential property, e.g. cake sheds and Christmas tree sellers, without the need for street trading consent, on the basis that the residents can control who they allow to access their property;

·                     That a recommendation should be made to the Food Safety Team that it be checked that all food businesses have suitable public liability insurance;

·                     That street trading should be permitted in designated pitches in the two town centres, subject to an assessment of competition and need to ensure that any business authorised to trade there is not likely to have a negative impact on the permanent businesses in the town centre;

·                     That it should be a requirement that any food trader has a food hygiene rating of 3 stars or above; and

·                     That it should be a requirement for the food hygiene rating to be displayed for food street traders.

The Chair thanked Ms Bowman and Ms Arthur for their input in the consideration of this item.