Lewes District and Eastbourne Borough Councils' logo

Lewes and Eastbourne
Councils

Agenda item

Street Trading Guidance Review

Report of Director of Service Delivery

Minutes:

The Committee considered the report which detailed the findings of the Street Trading Guidance consultation.  It requested that Members agree the final Street Trading Guidance document to be formally adopted at a date to be agreed by the Council’s Environmental Health and Licensing Senior Specialist Advisor in consultation with the Chair of the Committee, and for the Committee to be informed of the date once decided.  .

 

The FLQE highlighted that the Committee had previously agreed the Street Trading Guidance together with an application process and conditions for Lewes District Council in May 2014. The Guidance was reviewed in March 2015. In addition, the Council had committed to reviewing the Street Trading Guidance when required and at a minimum once every 5 years.

 

The FLQE explained that there had been an increase in the use of the Lewes pedestrian precinct by individual stalls and markets, which had caused friction with existing business premises. Feedback had been received regarding the use of the precinct including concern about the intensification in the use of its use and the appearance of stalls and seating. The Committee had considered a draft Street Trading Guidance on 14 February 2019 and agreed for this document to go out for consultation. The FLQE detailed the results of the consultation process in paragraphs 2.1 to 2.2 of the report. The FLQE referred to the summary of the consultation responses as set out in paragraphs 3.2 to 3.17 of the report.

 

Discussion included:

 

·         If the Council had the power to ask traders to move A boards if they were blocking foot paths. The FLQE clarified that it was within the Council’s remit to ask traders to move A boards if they were blocking footpaths but only within Newhaven and Lewes precincts. Anything outside of these areas was within the remit of East Sussex County Council.

·         Clarity surrounding the Public Liability Insurance Guidance minimum value of £2m as detailed in paragraph 17 of Appendix 2, as other reports had indicated the figure was £5m. The FLQE confirmed that he would consult the Council’s Insurance Officer to confirm the correct amount.

·         The safety surrounding how the stalls were secured. The FLQE confirmed that the majority of the stalls were secured with weights and had a maximum wind rating speed for when they could be in place.

 

Resolved:

 

1)    That the consultation responses received as set out in Appendix 1 be noted;

2)    That in relation to the substantive issues arising from the consultation process, referred to in paragraphs 3.2 to 3.18 of the report, it was agreed that:

 

·         That the first option in paragraph 3.11 of the report approved, as set out in paragraph 5 on page 24 of Appendix 2;

·         That the increase in fees in relation to cleaning not be charged, as set out in paragraph 3.12;

·         That no dress code be required for street traders, as set out in paragraph 3.13;

·         That no additional restrictions be included, as set out in paragraph 3.14;

·         That vehicles not be restricted, as set out in paragraph 3.15;

·         That no restrictions, as set out in paragraph 3.16, be imposed on set up and dismantling times of stalls, and

·         That the changes detailed in paragraph 3.17 be adopted into the Street Trading Guidance.

 

3)    That the Street Trading Guidance, as per Appendix 2, be adopted subject to the amendment below:

·         That the setting up period as set out in paragraph 3.5 be increased to120 minutes unless prior agreement with the Council’s Licensing department has been confirmed; and

 

4)    That the Council’s Environmental Health and Licensing Senior Specialist Advisor be delegated to undertake the necessary steps to produce a final Street Trading Guidance and publish the Guidance on a date to be decided in consultation with the Chair of the Licensing Committee, and that the Committee to be informed of the date once decided.

 

Supporting documents: