Consultation on Stroud District Council's Street Trading Resolution and Policy 2020
Dates of consultation:
WEDNESDAY 5TH FEBRUARY 2020 - WEDNESDAY 4TH MARCH 2020
Following an informal consultation during November and December 2019, Stroud District Council's Community Services and Licensing Committee at their meeting on 23rd January 2020 agreed an intention to adopt a new street trading resolution.
The Council has a statutory duty to give public notice of this intention and to provide a 28 day period for representations. This statutory period will end on Wednesday 4th March 2020. The Committee will consider any representations made during this period and if satisfied will consider adopting the new resolution at its meeting on 26th March 2020 with an intended implementation date of 1st May 2020.
Comments about the proposed revised Street Trading Policy will also be accepted during this consultation period and will be considered at the same meeting.
PROPOSED NEW STREET TRADING RESOLUTION
The Resolution designates the 'streets' in Stroud District where street trading is prohibited unless the trader holds street trading consent issued by Stroud District Council. In the legislation 'streets' is a broad term and includes streets, pavements, laybys and any land, including private land, that the public have access to without payment.
Stroud District Council’s current Resolution designates all 'streets' in the district as consent streets.
The proposal is to change the Resolution to designate all 'streets' as consent streets except 'streets' owned and managed by public authorities and registered charities, with the exception of public highways. This will mean that:
- Trading on any streets or land owned and managed by County Council (except Highways), Stroud District Council or Town and Parish Councils will not need street trading consent.
- Trading on streets or land owned and managed by a registered charity will not need street trading consent.
- Trading on public highways and private land that the public have access to without payment will continue to need street trading consent.
Reason for Changing the Resolution
The Council's current resolution designates the whole district. This means that the Council's street trading policy applies to any street, pavement, layby or land that the public have access to without payment within the district. Any trader selling goods in these areas will need street trading consent.
Recent legal advice is that the exemption for community and charitable events and the waiver for markets, in the Council's current street trading policy, are no longer permissible under the legislation and cannot continue. Removing the current exemption and waiver from the policy would mean that all events that have stalls selling goods, including village fetes and community markets would need street trading consent. Town and Parish Council’s have told us that this would be detrimental to the community.
To reduce the impact of this change a new resolution is being proposed which changes the designation to not include Council land or land owned by registered charities. If the new resolution is adopted it will means that this land will be outside of the street trading policy. This will go some way to ensure that community and charitable events and markets will continue to not need street trading consent unless they are in the street or on private land that the public have access to.
PROPOSED REVISED STREET TRADING POLICY
Stroud District Council’s Street Trading Policy outlines the Council’s approach to the licensing of street trading in Stroud district. It is used when making decisions about whether to grant or refuse street trading consents and provides guidance to new applicants and existing consent holders.
The policy was reviewed and consulted on during summer 2019. Some further amendments have been made to reflect comments from the consultation and the new proposal to change the resolution. The policy was consulted on again during November and December 2019.
The draft new policy shows the original proposed changes highlighted in red and further changes reflecting the proposed new resolution and comments from the first consultation in green.