To approve the draft revised Street Trading Policy, attached at Appendix A to the report, for formal consultation. 

8.1             The report of the Licensing Operations and Development Team Leader, circulated at Pages No. 24-82, asked Members to consider and approve the draft revised Street Trading Policy, attached at Appendix A to the report, for formal consultation.

8.2             The Licensing Operations and Development Team Leader advised that street trading was the buying and selling of goods in places where the public had free access, e.g. markets.  The current Street Trading Policy was last reviewed in 2019 and was no longer fit for purpose.  The proposed amendments were outlined at Page No. 25, Paragraph 2.1 of the report and included removal of the Disclosure and Barring Service (DBS) check in line with the majority of other licensing authorities in the county – this was not necessary as the Police undertook Police National Computer (PCN) checks on all applicants, as such, it was unfair to pass the financial cost of a DBS check onto applicants; inclusion of standard conditions for markets to facilitate better management; and, inclusion of inclusive mobility requirements to ensure markets etc. were arranged so there was sufficient access for wheelchair users and pushchairs.  It was intended that, if approved by the Committee, a 12 week consultation would be carried out with all licence holders and stakeholders.  Comments received during the consultation period and a revised draft policy would be brought to the Licensing Committee later in the year.

8.3             A Member indicated that discussions had taken place about improving safeguarding standards in other Council policies and the proposal to remove the requirement for DBS checks seemed to go against that.  She noted that the majority of other licensing authorities in Gloucestershire did not require a DBS check and she asked for the reasoning behind that.  If the responsibility lay with the Police, she questioned how they managed the safeguarding aspects of each particular event.  In response, the Licensing Operations and Development Team Leader clarified that there was no safeguarding requirement for street trading but there was currently a requirement for applicants to submit a DBS certificate.  The Police carried out a PCN check in any case and would alert the licensing authority if the applicant had any convictions so this could be taken into account in its determination.  The Member sought confirmation as to whether it was down to the Police to inform the licensing authority and the Licensing Operations and Development Team Leader explained that Gloucestershire Constabulary was consulted as part of the application process and there was a 28 day period to let the licensing authority know if they wished to object to an application; this was the same for both new and renewal applications. The Member questioned what happened if something was to slip through the net and whether that responsibility sat with the Police or the Council in terms of failing to do due diligence.  Members were advised that the Police already informed the Council of any issues but this was being duplicated currently by the requirement in the policy for the applicant to also undergo a DBS check which they had to pay for.  Another Member noted that the cost was borne by the applicant but indicated that, once a DBS check had been carried out, it was possible to pay £13 per year to use the updating service to ensure that it stayed live.  The Licensing Operations and Development Team Leader confirmed that as correct – if there was a DBS requirement they could pay for the update service.

8.4             A Member asked for more information regarding the procedure for undertaking the consultation, for instance, would a link be emailed to Parish Councils and other stakeholders to allow them to contribute.  He felt it would be useful if consultation could highlight the key changes and their importance.  He also asked for the definitions within the policy to be expanded, for instance, there was no definition of ‘market’ or ‘fair’.  The Licensing Operations and Development Team Leader advised that she would engage with the Council’s Communications team regarding the consultation which would be available on the Council’s website and advertised on social media where it would be broken down into the changes being proposed.  Some of the consultees were listed at Page No. 26, Paragraph 3.2 of the report and she pointed out that this would also include the Citizens’ Advice Bureau and local Chamber of Commerce.  She undertook to update the definitions section of the policy to include those suggested by the Member.  The Member sought assurance that any comments received would be brought to the Licensing Committee for consideration and the Licensing Operations and Development Team Leader confirmed that was the intention; she noted that the next Licensing Committee meeting was scheduled for 21 September 2023 which was before the consultation end date so it may be necessary to move this meeting or to convene a special meeting.  She provided assurance that she would consider all of the consultation responses received and would produce a document for Members to see what changes had been made to the draft policy as a result of these suggestions.

8.5             The Chair indicated that he had agreed in principle to move the September Committee meeting in order to allow this Agenda Item to be brought back for a full discussion and debate on the responses received during the consultation and Members would be notified once a revised date had been agreed.

8.6             It was

RESOLVED          That the draft revised Street Trading Policy, attached at Appendix A to the report, be approved for formal consultation, subject to an amendment to expand the definition section to include definitions of ‘market’ and ‘fair’.