The report sought members consideration of the responses received following consultation of the draft revision of the Street Trading and Market Policy and for agreement of adoption with immediate effect as the Street Trading and Market Policy for the Borough.

Cllr McCheyne MOVED and Cllr Cloke SECONDED that recommendation 2.1 (a) set out in the report be agreed.

A vote was taken by a show of hands and it was RESOLVED UNANIMOUSLY that:

1.     It be adopted as the Street Trading and Market Policy for this Borough in its current form save for the addition of the alteration requested by Essex County Fire and rescue as highlighted in paragraph 5.7.

REASONS FOR RECOMMENDATION

Resulting from the consultation there were four responses.

The responses had resulted in two possible scenarios with regard to

Adoption of the final policy.  In both scenario’s it was recommended that the observations of the Essex County Fire and Rescue Service (ECFRS) be included, as it is recognised that the subject matter of the condition to which their suggested alteration relates (Gas Cylinders) was best understood by them, being the experts in the field. The ECFRS comments were attached at Appendix B.  The Policy had already been amended in the draft to reflect the change.

The other three responses were conflicting, there were two options in the recommendations, the choice of which was dependent on Members views following consideration of the facts.

Following consultation, most of the alterations to the policy had not been challenged.  The one area of concern from three out of four representations related almost exclusively to paragraph 5 of the policy and in particular paragraph 5.4

Of the two available options contained within the recommendations, the representation from Virgo on behalf of the shop traders would have effectively advocated removal or amendment of the phrase ‘Designer or recognised brand label clothing, footwear or accessories’ as this leaves the door open to the market being permitted to stock the same items as shops provided that those items are not recognised  fully licensed brand/designer labels.

One of the main complaints which lead to bringing forward this review of the Street Trading and Market Policy,  was in relation to duplication of the stock sold in local shops by one market trader.  It was argued that this was against the policy and this was reflected in the representation from Virgo who advocates adoption of the policy under the terms of option B.

The Council originally adopted a Street Trading Policy and supported the establishment of a market in order to:

1          Support local businesses and retailers by increasing footfall

2          Attract new visitors, residents and shoppers to the High Street

3          Create a welcoming atmosphere

4          Provide an opportunity to trade for local businesses

5          Complement existing retailers and business on the High Street

6          Provide a diverse and alternative offer of products to shoppers

This involved striking a balance between supporting shop traders who are vital to the success and attraction of the High Street, whilst ensuring that Street Trading, particularly relating to the market meets these objectives.

In the form originally adopted, it could be argued that the policy was too restrictive as to some extent, whilst the market had been a success, it had only been able to provide a limited offering.  Officers had found the current policy to be restrictive and  difficult to enforce, which also means that through no fault of their own, it is was difficult for traders applicants and members of the public to fully understand.  It was therefore, believed that option A provided flexibility for the  Council and traders alike, whilst striking the correct balance in restricting the items that would normally be found more in the shops but permitting the market trade more freely  and to better promote the objectives that it was designed to meet.