Agenda and minutes

To receive the minutes of the meeting held on 9^th November 2020, and published on the Council Website.

The minutes of the last meeting held on 9^th November were agreed as a correct record.

To receive apologies for absence and to report any substitutions

Apologies for absence were received from Cllrs Anna James and Michaela Martin. Cllr Jenny Else attended as substitute.

To receive from members declarations of interest in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

There were no declarations of interest made for this meeting , however, the committee members were reminded by the Chairman that they were attending the meeting as Waverley Borough Councillors and not Parish/Town Councillors.

The Chairman to respond to any questions received from members of the public in accordance with Procedure Rule 10. 

The deadline for submission of written questions for this meeting is Thursday 3^rd December 2020.

There were none.

The Chairman to respond to any questions received from Members in accordance with Procedure Rule 11.

The deadline for submission of written questions for this meeting is Thursday 3^rd December 2020.

There were none.

To receive any action taken by the Executive Director after consultation with the Chairman and Vice-Chairman since the last meeting.

No action had been taken by the Executive Director after consultation with the Chairman and Vice-Chairman since the last meeting.

Purpose

To review feedback from the informal consultation on the street trading review.

To agree revised draft Street Trading Policy (Annexe D), draft notice of public consultation to review the street trading policy (Annexe E), draft notice of intention to pass a resolution on street trading and the designation of consent and prohibited streets (Annexe F),and draft fees (Annexe G).

Recommendation

The Licensing Committee notes feedback on the informal consultation and agrees the draft Street Trading Policy 2020, the draft notice of public consultation to review the street trading policy, the draft notice of intention to pass a resolution on street trading and the designation of consent and prohibited streets, and draft fees.                                                                    

Richard Homewood, Head of Environmental & Regulatory Services, outlined the report set out in the agenda. He explained there had been an increase of complaints regarding street traders in non-prohibited roads. The proposal was that once the committee have agreed the review of the policy it would go out for public consultation. Richard Homewood suggested that the consultation be held for 6 weeks rather than the required 4 weeks to take into consideration the Christmas period. He would then report back in February to the committee.

It was advised that there may be confusion in the report regarding Park Drive and Mead Drive, Cranleigh and officers were asked to review pages 40,45 and 50 in this matter.

The committee discussed the report and made the following comments:

·         Contradiction between 4.10 and 8.1 regarding option to do nothing –

It was clarified that ‘do nothing’ was an option but due to complaints not an option officers would recommend.

·         If a street is not prohibited does that mean no control?

No as consent streets means the trader still needed consent to trade.

·         Does this policy interact with the pavement licensing?

No they are two separate policies.

·         Definition of Itinerant Traders?

No legal definition.

·         How does this relate to door-to-door salesman?

Door-to-door are not classed as street traders they have to have a pedlars licence from police.

·         Officers were asked to ensure the condition regarding animals excluded assistance dogs.

·         Officers were asked what the definition of ‘living things’ related to as plants were living?

It was agreed this condition may need to be revisited and amended.

·         Page 8 – 4 needs amended to read Cranleigh Parish Council.

·         The committee were concerned that ‘offensive weapons’  would include knives but this could also be interpreted as cutlery.

·         4.17 should have ‘for the duration of the closure’ added for clarity.

·         It was asked why we did not just use licensing for street trading instead of ‘Prohibited and Consent’ streets.

This was following the previous decision by this committee.

·         Would this policy effect the selling of a private vehicle o/s a residents property?

No this is under separate legislation.

·         Enforcement Policy is mentioned in the report but it is not available to view.

Council have corporately adopted an enforcement policy. This would be circulated.

The committee were advised this was a review of an existing policy, therefore, many of the conditions were already in existence and working well.

Concern was raised regarding the raise in the fees that was proposed. It was explained that these covered the authorities cost and very little more.  The fees had not been reviewed for 5 years and were not proportionate to the number of traders.

The Committee NOTED the report and asked that the feedback be considered,

Subject to the amendments suggested, it was AGREED that the revised policy should go out to consultation.

To consider the following recommendation on the motion of the Chairman:-

Recommendation

That pursuant to Procedure Rule 20 and in accordance with Section 100B(5) of the Local Government Act 1972, the press and public be excluded from the meeting during consideration of the following items on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the items, there would be disclosure to them of exempt information (as defined by Section 100l of the Act) of the description specified in the appropriate paragraph(s) of the revised Part 1 of Schedule 12A to the Act (to be identified, as necessary, at the meeting).

There were no items to discuss in exempt session so the Chairman closed the meeting.