New licensing rules could push street trading costs over £2,000 after Fenland District Council agreed that members instead of officers will in future approve applications.
Portfolio holding for licensing Cllr Samantha Hoy won unanimous support for the proposed change when she introduced a report to Fenland Council last Monday.
She said. “The key change really is currently if someone wants to apply for a street consent it is just an officer decision, and this change makes it a licensing subcommittee decision just to give that member oversight and the openness and transparency in the process. Thank you”.
Currently those wanting a street trading licence initially pay a £50 non-refundable consultation fee. (This is not required however if the location has been previously consented).
For daily street trading consent, the fee is £12 per day (06:00 – 22:00). This is for all weekdays including bank holidays.
For annual street trading consent, the fee is £542.50 per year. This is for all days of the year including all bank holidays.
But under new proposals agreed by the council applications will go before a special licensing subcommittee – and that means “an approximate cost of £1,000 – £2,000 + VAT per application rising by an approximate £1,000 to £1,500 in the event of an appeal.
“There will also be additional resource implications associated with preparing for, arranging, and attending a meeting of the licensing sub-committee for both members and officers. Currently, additional costs are only incurred in the event of an appeal to the licensing committee (with those arrangements continuing)”.
Street trading is defined as the selling, exposing, or offering for sale of any article in the street. This includes food such as burgers, kebabs, doughnuts, or other things such as household items and is covered by the Local Government (Miscellaneous Provisions) Act 1982.
This means that any person who wishes to sell items from a trailer or stall in a specific street/location may require a street trading consent or licence from the Council.
A ‘street’ includes any road, footpath, or other area to which the public have access without payment.
There are several exemptions in the Local Government (Miscellaneous Provisions) Act 1982, Schedule 4 such as markets or fairs established by charter.
Currently, an officer determines applications for street trading consents as set out in the Council’s Street Trading Policy 2015 having taken in to account any objections received.
- Despite only receiving approximately three street trading applications per year, the council agreed that in future these applications are considered by a sub-committee of the licensing committee on all future street trading consent applications.
A report to councillors noted that “members have expressed the view that the determination of these applications would benefit from member insight therefore it is proposed the decision-making process will be updated to be a decision of a licensing sub-committee”.
Councillors were told that a public consultation was not necessary.
Members were told they could leave the current process unchanged and retain decision making with officers with an appeal to the Licensing Committee or leave the decision with officers but include a consultation process with one or more members of the licensing committee with an appeal to the licencing committee comprised of members not involved in that consultation.
Other options were to convene a licensing subcommittee to determine an application with an appeal to the licencing committee comprised of members not involved in the sub-committee decision or convene the whole licensing committee to take the decision and remove the right of appeal completely with any subsequent challenge then being by way of judicial review of complaint to the Local Government Ombudsman.
The council agreed to the subcommittee option to be comprised of three members of the licencing committee to include either the chair or vice chair.
A report agreed by council noted that: “Legislation for Street Trading Licenses flows from the Local Government (Miscellaneous Provisions) Act 1982.
“The legislation does not provide a right of appeal in relation to refused street trading consents however, since 2015 it has been an agreed practice at Fenland District Council for the relevant officer’s decision to be appealed to the Licencing Committee and this is a provision which is commonly adopted by other Councils.
“It has therefore been proposed that the right of appeal is retained with the sub-committee’s decision being appealable to the full Licensing Committee.”
- Street Trading Definition:
Defined under the Local Government (Miscellaneous Provisions) Act 1982, it covers any sale or offer for sale in the street, including food and household items. A “street” includes any public-access road or footpath. - Licensing Requirement:
A street trading licence or consent is required for operating a stall or trailer in public areas, except in exempt cases (e.g. chartered markets or fairs). - Current Process:
Currently, Officers decide on street trading applications, taking into account any objections. - Proposed Change:
It is recommended that a Licensing Sub-Committee should make decisions on future applications instead of Officers. - Volume of Applications:
On average, the Council receives only three street trading applications annually.
- Background and Intent
- The current policy and decision process have not been updated since 2015.
- Only Officers, Committees, or Sub-Committees (not individual Members) can carry out non-executive functions.
- Due to Member interest in having more input, it is proposed that Licensing Sub-Committees should determine applications.
- Legal Implications
- Legal authority stems from the Local Government (Miscellaneous Provisions) Act 1982.
- Legislation does not require a right of appeal, but Fenland District Council has voluntarily allowed appeals to the Licensing Committee since 2015.
- The new structure proposes:
- A Licensing Sub-Committee (3 members including Chair/Vice-Chair) to make decisions.
- Retention of appeal rights to the Licensing Committee.
- Financial Implications
- Estimated cost per application will rise to £1,000–£2,000 + VAT, due to the additional resources required.
- Appeals could increase costs by another £1,000–£1,500.
- New process involves more preparation and attendance time from both Members and Officers.
