Decision details

The Licensing Manager introduced the report and reminded Committee that Street Trading consent was required for the selling, exposing, or offering of any article in the street however newspapers and periodicals were exempt in legislation. She advised Committee of the current processes and explained the purpose of the report was to review the current policy with a proposal to improve the Council’s processes for determining contentious applications and processes on revoking someone’s licence through the introduction of a hearing process (as outlined in appendix 1 to the report).

Where an objection on a case from the Police or Gloucestershire Highways on grounds of public safety was received or where a short term community consent had been applied  it was proposed that this should be retained as an officer decision to alleviate pressure on hearing panels. She also advised the report made minor changes which included clarification on DBS checks, reduction on traders public liability insurance from £10M to £5M and finally to clarify market consent conditions. The Licensing Manager concluded and advised that if Committee approved the report, the draft policy would go out for public consultation until May with a final policy for decision to come back to Committee in June.

Councillor Prenter asked whether the annual licensing hearing training would be sufficient to incorporate the new hearing process in the policy or if additional training would be required. The Licensing Manager advised she envisaged that street trading would be included within the annual training.

Councillor Crews advised she would like to see a code of conduct on street traders added to the policy. The Licensing Manger advised the policy is twofold, first being the suitability of site and second the suitability of applicant. She continued and advised all traders and lone workers on stands were required to be DBS checked however she would add something into the policy ahead of consultation. The Chair, Councillor Brine suggested a statement on expectation of traders behaviour as an alternative.

Councillor John Jones asked who was liable for market consent and public liability insurance. The Licensing Manager advised that the market organiser should either have their own public liability insurance or make sure that all traders have their own insurance. Councillor John Jones advised that he expected market organisers to show the Council they hold public liability insurance. The Licensing Manager confirmed this was already a requirement of the application and of any annual renewal.

Proposed by Councillor Robinson and seconded by Councillor Hall.

Councillor Hall welcomed the report and believed that everyone should have the right to appeal disciplinary decisions. 

Councillor Aldam echoed Councillor Hall’s comments and explained how valuable hearings were to allow people to object and appeal.

On being put to the vote, the Motion was carried unanimously.