Variation of the standard Street Trading Licence Conditions under section 27 of the London Local Authorities Act 1990 (as amended)
The Street Trading Manager stated that Street Trading Conditions and Procedures had last been reviewed in 2007. Markets had seen a lot of changes in the intervening years, with Whitecross and Exmouth Markets in particular having become established food markets. The Street Trading Manager had worked closely with the Council’s Environmental Health Services Team to ensure that the new conditions and guidance for street traders ensured that health and safety issues associated with the handling of food and equipment were taken on board. In addition, it was thought that it would be more helpful to street traders and officers to have street trading conditions clearly separated from guidance on procedures, so there were now two separate documents to reflect this. The new Compliance Team would be checking the markets regularly to ensure that all conditions were being complied with.
(a) That officers be thanked for their work in producing the new standard street trading conditions and procedures and guidelines documents.
(b) That the revisions and additions to the existing street trading licence conditions and procedures, detailed in Appendices B and C of the report of the Service Director for Public Protection and summarised below, be approved:
Clause 13 – included to allow the instant suspension of a licence if the activity compromised the health and safety of the public. This could be for matters such as breaches of food safety regulations or violent conduct
Clause 20 – included as many traders had been welding brackets and extensions higher up their stalls to place displays that not only block out business/premises behind the stall, but make the stall unstable and unsafe, especially on windy days
Clause 22 - included to prevent traders from removing their equipment ie trailers being moved from the market at the end of the trading day, returning back on the pitch well before setting up time
Clause 25 – included to deal with unlicensed advertising boards which obstructed the highway and were not contained on pitches. Traders would be encouraged to advertise their wares in other ways so as not to clutter the area
Clause 27 – added to underline existing advice given to traders who use kiosks around the Borough
Clauses 28 – 37 – reinforced electrical safety. Detailed lists of conditions were included to cover any misuse of Council supplied electricity ports and to ensure that appliances were safe.
Clauses 38 – 45 – reinforced the need to contain refuse and to ensure that traders were not damaging the pavement/highway
Clause 45 - included as an issue of fixed premises using the Street Market waste collection was raised by representatives from Chapel Market
Clauses 62 – 65 – included to recognise the transfer of the invoicing system to the Sundries Income Team and the introduction and management of monthly rather than weekly charges
Clauses 66 – 70 – reinforced health and safety conditions with reference to the sale of foods
Clauses 71 – 80 – introduced to ease the administration tasks related to the sale of casual vouchers
Reason for decision
The Committee considered all of the written and oral evidence.
The Committee heard from the Street Trading Manager that the existing street trading conditions had to be reviewed to address health and safety issues associated with the handling of food and equipment. The new, revised, standard street trading conditions provided greater clarity to traders.