Agenda item

This report provides the details and rationale for having a new H&F Markets & Street Trading Licensing Policy and updates to the prescribed standard conditions and the list of commodities. The overview provides an opportunity to discuss the proposals and the consultation timetable and process, prior to formal adoption.

Valerie Simpson, Assistant Director Environmental Health and Regulatory Services provided a report which provided the details and rationale for having a new H&F Markets & Street Trading Licensing Policy. This also provided an update to the prescribed standard conditions and the list of commodities. The presentation covered the following points:

• Key Functions and the remit of the Markets and Street Trading Team.
• The Council’s five priorities and aspirations:

1. Attracting and retaining new traders.
2. Addressing the economic challenges of the market.
3. Demonstrating the wider value of markets.
4. Professionalising Market management.
5. Improving relationships with Traders.

The key benefits for adopting a Markets and Street Trading Licensing Policy.

• Key updates to the standard conditions for Street Trading Licenses.
• Details on the revised commodities list.
• Information on the following:

1. Shop front licences.
2. The declaration of Market Rights.
3. Designating the whole borough for regulated street trading activities
4. Details on the Market and Street Trading consultation proposals and the revised timetable for formal adoption.
5. Details on the Enforcement Policy and speaking to Traders.

Councillor Adam Peter Lang noted the points in the report concerning protecting the environment, protecting traders and the importance of aesthetics for traders (pitches and coverings). He asked who would monitor the policy and enforce it when it was implemented. In response, Valerie Simpson, Assistant Director, Environmental Health and Regulatory Services confirmed the Enforcement Team was very small and so it would need to work in conjunction with the Law Enforcement Team (LET), Street Trading, Public Protection and Highways (concerning shopfronts) and be a collective approach. And when the policy was rolled out it would initially be to those areas in the borough which were most visible or most problematic first as it was unrealistic to assume all issues could be solved immediately.

In terms of the shop fronts and people using the pavements, the Chair asked if the LET could assist, as the use of the pavement was usually one metre from a premises and so they could speak to the shop owners. In response, Valerie Simpson explained the main requirement was to clearly set out what the expectations were, and what non-compliance looked like because of anomalies such as private forecourts. So, when the expectations were clear, a pan-council approach could be taken to enforcement. The Chair agreed that the rules and regulations need to be clear to all concerned so there was better compliance.

Councillor Amanda Lloyd-Harris welcomed the presentation and commented that in her view, the introduction of a Markets and Street Trading Licensing policy was long overdue. She felt enforcement was paramount but did not see how the LET could be involved with their myriad of other roles and responsibilities. In relation to long term absences mentioned in paragraph 16.3 of the report (of absences of more than 4 weeks, the Council would intervene to ensure the pitch was managed), she asked why the Council would have a role to play under these circumstances when traders were self-employed. In response, Valerie Simpson confirmed the Council did not want traders to have a licence and then not be trading (due illness or personal circumstances) so they could have several registered assistants so the business could continue to operate. It was a case of being compassionate and considering traders needs but also ensuring that a thriving market environment was created and supported.

Councillor Amanda Lloyd-Harris thanked officers for their comments but felt ensuring substitutes could operate pitches was overstepping the Council’s role as officers would be busy with a number of other duties and concerns. In relation to paragraph 3.5 of the report, she asked whether there was a limit to the number of 6-month temporary trading licences a trader could have before it became a permanent pitch without actually applying for a permanent one. In response, Valerie Simpson commented the issue of temporary and permanent licences had been raised even before the consultation began. Currently, the conditions were somewhat restrictive and in instances of a trader retiring, there needed to be a workable mechanism so that pitches could be passed onto other family members. Moving forwards, it was suggested there could be a 6 or 12-month period to assess compliance before pitches became permanent. She also highlighted the administrative burden of temporary licences as these needed to be reissued every 6 months. Councillor Amanda Lloyd-Harris agreed a temporary to permanent transition made sense, so long as the process was clear and could be easily monitored.

Councillor Ashok Patel commented that a Markets and Street Trading Licensing was a good idea and a way of assessing how things had progressed post Covid. He appreciated the idea was encourage rather than stifle trade. Looking at the consultation process (page 107), he noted the Council could object to competing markets being set up within 6 and a quarter mile from any Council run market. And the requirement for shop owners to have eye catching displays was very subjective. He highlighted that traders wished to avoid fixed costs and if regulations were too prescriptive it could stifle trade. He agreed with Councillor Lang that further consultation with the Trade bodies was required to ensure this was the right approach.

Councillor Ashok Patel commented it was a shame that the consultation was taking place over the summer period and perhaps a longer period would be better. He also highlighted the Risk Management section and the implications for legal action, fines and risk of Judicial Review. He asked how many of these actions had taken place.

In response, Valerie Simpson confirmed there had not been any instances of Judicial Review in Hammersmith and Fulham but this might have occurred elsewhere. The section regarding risk management had been inserted to provide clarity and transparency for everyone. She explained the distance of 6 and a quarter miles was a regulation under Market Rights to protect specific markets and was an option the Council could consider. And there would be a long, separate consultation process which would need to be followed. Valerie Simpson confirmed enforcement was very important, as were the need for Trader meetings in person to ascertain their feedback and establish whether they had concerns about compliance. In terms of conditions, most Traders were adhering to these, but it was a case of making these more robust.

Valerie Simpson stated there was scope to extend the consultation as there was no set deadline, but it was important there was good engagement. Officers would continue to monitor responses and make a judgement as the consultation progressed.

In relation to the consultation document, Councillor Amanda Lloyd-Harris felt this was far too long at 10 pages and could be condensed to include the salient points. She agreed holding face to face meetings with Traders was an excellent idea but also (to bridge the digital divide) Council noticeboards should be used extensively to encourage Traders to submit comments in writing rather than solely online, so a comprehensive response was received.

In response, Valerie Simpson confirmed that Environmental Health / Regulatory Services would speak to Estates Management about using noticeboards as a resource. And she confirmed that having taken on early feedback, the consultation document had already been reduced in length.

The Chair echoed the points which had previously been made about the consultation process and asked what mechanisms were available to enforce against illegal street trading. In response, Valerie Simpson explained the Council used Trading Standards to issue fixed penalty notices and or pursue prosecutions for more serious offences.

Residents were encouraged to report instances of illegal street trading to the Street Trading Team or Trading Standards. The Chair asked if the there was scope for LET to become involved in enforcement activities and Valerie Simpson confirmed she would make enquiries.

In relation to Market Rights, the Chair commented it was odd that you could object to a market halfway across greater London. Valerie Simpson confirmed it was a very technical area and Hammersmith and Fulham currently licensed markets under the London Local Authorities Act but if the Council declared Market Rights this would be considered under the Food Safety Act. The Chair commented about the expectation on Traders and risk management, given that the policy had not been set out clearly for some time and how old it was. In general terms, Valerie Simpson commented that the vast majority of what was within the Markets & Street Trading Licensing Policy was what was already being done on a daily basis and the Council was looking to ratify these practices and the conditions in mitigation.

Concluding the item, the Chair confirmed he was very keen for officers to take the consultation forward subject to their being the right engagement by September, and if not, the consultation might be extended if officers felt the right people had not responded (in person). Valerie Simpson commented that a significant proportion of what would be codified was largely current practice. The committee were keen there were clearer rules around shop fronts and how these were used. The Chair reiterated that the enforcement element of the policy was crucial for it to work appropriately. He also welcomed the social inclusion and co-production elements of the policy.