Agenda item

As requested at the Licensing and Regulatory Committee on 4 November 2024, this report updates Members on the current position regarding a Street Trading Policy. The report also asks Members to determine arrangements for city centre street trading consent holder trading pitches for the 2025 Christmas Market event. 

Following a request at the meeting held on 4 November 2024, Members considered a report updating them on the current position regarding a Street Trading Policy. The report also asked Members to determine arrangements for city centre street trading consent holder trading pitches for the 2025 Christmas Market event. 

The Head of Public Protection made a new recommendation to the Committee. He explained that things had been evolving and the MiY plans for the Christmas Market were nearing completion. It was recommended that the determination of the arrangements for city centre street trading consent holder trading pitches for the 2025 Christmas Market be deferred until the next meeting in March.

In response a Member question, the Chair advised that new information from MiY was needed on the Christmas Market. Cllr Cuthbertson proposed and Cllr Baxter seconded the new recommendation to defer the decision until the next meeting in March. During debate a number of views were expressed. The Licensing Manager explained that the decision would need to be made at the March meeting as the street trading consent holder trading pitches would expire in March. She added that if there was an emergency, street traders could be moved under their consents. She explained that officers had not seen the MiY plans for the Christmas Market and added that there was one street trader in St Sampson’s Square who worked evenings would need to moved during the Christmas Market. The Head of Public Protection added that MiY wanted to make the Christmas Market more accessible.

Following a vote on the new recommendation to defer, six Members voted in favour and eight Members voted in abstention. The motion fell.

The Licensing Manager outlined the report noting that MiY been asked by the Council to make the Christmas Market more accessible. She noted that at the 4 November Committee it had been agreed that a working group would be formed and had met on Tuesday 4 February. It was evident from the working group that a number of things were needed in the policy. She outlined the options available to Members noting that option 2 would require one street trader to be moved during the Christmas Market. She noted the officer recommendation to approve option 2.

In response to questions from Members, the Licensing Manager explained that:

·       With reference to whether option 1 would guarantee street traders’ current pitches, their locations were known but it was their consents that they may have to be moved. If their sites were available, they would be available to those traders.

·       Regarding whether option 1 having implications other than the Christmas Market, the option only applied to MiY events.

·       The street trader on St Sampson’s Square always had to move during the Christmas Market and he had always been found a separate pitch.

·       Option 1 would mean that MiY would have to design the Christmas Market around the street traders and they would have to look at how to make the Christmas Market more accessible around the street trading pitches.

·       A map of where the street trader pitches were located could be provided to Members.

·       Regarding the Christmas Markets being accessible over the last ten years, the plans for them had changed as a result of feedback, for example the Christmas Market had changed over the past two years.

·       Concerning whether there had been any complaints about street traders causing issues with accessibility, officers did not get feedback regarding the position of the street trading pitches. It was confirmed there had been no complaints regarding street trading positions.

The Committee had the following options available to them in

making their decision:

Option 1 –

a.    Note that a working group has been formed to consider the policy; and

b.    Determine that street trading consents will be renewed* from the 1 April 2025 for a 12-month period (or such lesser period agreed when the consent was granted); and

                                   i.     that MIY takes into consideration the current trading pitches of consented street traders and draft a layout plan for the 2025 Christmas Market event that does not relocate these traders; and

                                 ii.     for safety and good order consented street traders will following reasonable instructions from MIY Officers. 

Option 2 –

a.    Note that a working group has been formed to consider the policy; and

b.    Determine that street trading consents will be renewed* from the 1 April 2025 for a 12-month period (or such lesser period agreed when the consent was granted);

                                  i.          that consented street traders will/could be relocated during the 2025 Christmas Market event (to assist MIY in planning the layout of the event, to make the event more accessible);

                                ii.          that MIY guarantees a pitch within the Christmas Market event footprint at no additional cost to consent holder;

                              iii.          if the consent holder would like an alternative pitch within the 2025 Christmas Market event, they must make this request to MIY, any additional charge payable will be agreed between MIY and the consented street trader; and

                              iv.           for safety and good order consented street traders will following reasonable instructions from MIY Officers.

Option 3 –

a.    Note that a working group has been formed to consider the policy; and

b.    Determine that street trading consents, for traders consented to trade within the city walls, will be renewed* from the 1 April 2025 for a six-month period – consents outside of the city walls will be issued for a 12-month period (or such lesser period agreed when the consent was granted).  Allowing the working group time to review the draft Street Trading Policy.  

*Unless there are grounds for the renewal application to be refused, for example street trading consent fees for 2024/25 period not paid in full, the public highway no longer being available or suitable to accommodate street trading activities. 

Cllr Smalley proposed option 1. This was seconded by Cllr Myers. A Member asked for an update on the street trading working group and policy at the next meeting. The Licensing Manager was asked and confirmed that there would be changes to the Street Trading Policy following consultation.

[Cllr Smalley left the meeting at 6.39pm]

The Licensing Manager explained that there would need to be a amendment to the wording of option 1 because of the evening street trader being moved during the Christmas Market. Cllr Myers proposed the amended option 1. The Licensing Manager further noted that street traders needed to be moved during works on the bollards and that moving them depended on the situation. On option 1 being put to the vote, there were nine vites in favour, two votes against and two abstentions. It was therefore:

Resolved: That approval be given to Option 1 to

a.    Note that a working group has been formed to consider the policy; and

b.    Determine that street trading consents will be renewed* from the 1 April 2025 for a 12-month period (or such lesser period agreed when the consent was granted); and

                                                       i.     that MIY takes into consideration the current trading pitches of consented street traders and draft a layout plan for the 2025 Christmas Market event that does not relocate these traders; and

                                                     ii.     for safety and good order consented street traders will following reasonable instructions from MIY Officers. 

                                                   iii.     One evening street trader in St Sampson’s Square be moved for the Christmas Market.

*Unless there are grounds for the renewal application to be refused, for example street trading consent fees for 2024/25 period not paid in full, the public highway no longer being available or suitable to accommodate street trading activities. 

Reason:     To give consent holders the certainty that their consents are being renewed for a period of 12 months (unless there are grounds to refuse to renew), as consents holders have previously told the Council that they must order stock to cover the Christmas period late summer. It also gives consent holders the reassurance that they will not be relocated from their trading pitch.