Agenda item

Report of the Director of Early Intervention and Support (enclosed)

The Director of Early Intervention and Support submitted a report for members to consider the introduction of a Street Trading Policy, including the proposed reviewed conditions and recommended amendments to the Council’s Constitution containing the  Scheme of Delegation as agreed.

Chorley Council currently operates a Street Trading Consent scheme in accordance with the Local Government (Miscellaneous Provisions) Act 1982 which is required to allow trade in designated streets across the borough. The council does not, however, have an existing Street Trading Policy to support the scheme or guide decision making. The current Street Trading Consent conditions have not been reviewed for a number of years and lack clarity with regard to conduct, food safety standards and safeguarding of the public. Therefore, policy proposals (including the introduction of basic Disclosure and Barring Services (DBS) check requirements) were submitted to the Licensing and Public Safety Committee to ensure the implementation of suitable and sufficient conditions for the Street Trading Consents.

It was requested that members of the Licensing and Public Safety Committee agree to a consultation on the draft Street Trading Policy, including conditions as outlined in the report, in addition to a review of the fees and charges for the scheme. Members were provided with three options to consider in relation to the Council’s Scheme of Delegation which would need to be amended to include delegation to officers to revoke consents where breach of conditions are found, where offences may have been committed or in other circumstances set out in the policy.

With regards to delegation, Option 1 recommended to implement the report as written, where all decisions for grant are delegated to officers, with only the refusal of consent applications and revocation delegated to the Director in consultation with the Chair and Vice-Chair of the Licensing and Public Safety Committee and a referral mechanism to General Licensing Sub-Committee for cases of particular complexity or unresolved dispute between traders.

Option 3 mirrored this with the addition of an internal appeal procedure, where applicants refused consent or subject to revocation can appeal to the General Licensing Sub-Committee.  Members were informed that the current Street Trading Consent scheme did not include a right of appeal and were advised that having an internal appeals process was appropriate. The Legal Officer advised it be appropriate to include that licence holders have a right of 21 days from the time of the deemed receipt to appeal as this is the appeal period against decision in relation to taxi licences and applications under the Licensing Act 2003.

Option 2 amended the report so that the grant of consents be delegated to officers, revocation be delegated to the Director in consultation with the Chair and Vice-Chair of the Licensing and Public Safety Committee and all decisions to refuse be made by the General Licensing Sub-Committee. As a result, this would introduce a right to appeal.

Following discussion, Members welcomed the adoption of the robust policy to ensure greater protection of public safety as a fundamental priority of the council. Based on this, members were minded to disregard option 2 as they felt it backtracked on the move to greater delegation. Subsequently, option 3 (including the time limit in relation to the right of appeal within 21 days from deemed receipt of the decision) was considered the preferred option. It was believed that the policy proposals would provide stricter controls and efficient enforcement without unnecessary delays.

As a result, it was proposed by Councillor Adrian Lowe, seconded by Councillor Mick Muncaster and subsequently RESOLVED to; agree the consultation of the Street Trading Policy and the reviewed Street Trading Consent conditions subject to the following:

a)    On the expiration of the consultation period the Director of Early Intervention and Support in consultation with the Chair of Licensing and Public Safety Committee be given delegated authority to make any minor amendments arising out of any consultation responses,

b)   On the expiration of the consultation period any major changes considered to be necessary as a result of the consultation response will be reported back to the Licensing and Public Safety Committee for further consideration and approval.

In addition, members RESOLVED to;

1.    agree to a review of the fees and charges for the scheme as part of the consultation,

2.    recommend approval to Full Council for the amendments made to the Council’s Constitution and Scheme of Delegation,

3.    determine that in relation to the scheme of delegation to implement the report as written, where all decisions for grant are delegated to officers, where only the refusal of consent applications and revocation are delegated to the Director in consultation with the Chair or Vice-Chair of the Licensing and Public Safety Committee and a referral mechanism to General Licensing Sub-Committee for cases of particular complexity or unresolved dispute between traders, also include the implementation of an internal appeal procedure, where applicants refused consent or subject to revocation can appeal to the General Licensing Sub-Committee within 21 days of deemed receipt of the decision.