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									Report to Environment and Licensing Committee


Subject:       Street Trading - Change to designation of streets in Arnold

Date:          13th March 2012

Author:        Economic Development Officer


1. Purpose of the Report

       To seek approval to remove the existing designation as Prohibited Streets
        on Front Street in Arnold, along with portions of streets that branch off it
        and re-designate them as Consent Streets.

2. Background

2.1 Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982
    gives district councils the power to designate any street as either:

   -    ‘a prohibited street’ (all street trading is prohibited);
   -    ‘a licence street’ (street trading is prohibited without a licence from the
        council); or
   -    ‘a consent street’ (street trading is prohibited without the consent of the
        council).

2.2 This designation then gives the council the power to control street trading
    on that street.

2.3 In November 1988, Gedling Borough Council designated Front Street in
    Arnold as a prohibited street, along with portions of streets that branch off it.
    This means that street trading is prohibited in this defined area. The
    designation was brought in to prevent unwanted trading taking place on the
    Highway.
3. Proposal

3.1 In recent years, town centres have changed dramatically and events have
    now become a popular way to generate additional footfall. Markets, fairs
    and other events are often organised, at which trading sometimes takes
    place.

3.2 In order to facilitate the continuation of successful, compliant and popular
    events in Arnold, it is proposed that the Council changes the designation
    from Prohibited Streets to Consent Streets. This change would crucially
    give the council control to encourage on-street events to support the town
    centre, but balance that with the need to control the types of trading that are
    permitted.

3.3 A plan showing the areas to be designated as consent streets shaded blue
    appears at Appendix 1.

3.4 If Members agree in principle to the change in designation, the Council is
    required to:

      Publish notice of their intention to pass such a resolution in a local
       newspaper circulating in the area;
      Serve a copy of the notice on the Chief Officer of Police and highway
       authority; and
      Consider any written representations received within 28 days of the Notice
       before passing the resolution.

3.5 Subject to Members’ agreement to change the designation, a Policy relating
    to Consent Streets has been prepared and appears at Appendix 2. The
    Policy has been written to reflect the objectives in paragraph 3.2 above and
    gives the council power to refuse consent to trades or types of trading that
    would not benefit the town centre, local traders or meet the Council’s wider
    aims around town centre development.

4. Resource Implications

4.1 Applications for consent from potential traders will be dealt with through the
    Licensing section, using a simple application process. It is not envisaged
    that demand for the service will be high, but impact on the licensing service
    needs to be considered.

4.2 The Council will have a fee structure which will be agreed following the
    approval of the designation and Policy.
5. Recommendation

It is recommended that:

a) In pursuance of the power conferred upon the Council by virtue of paragraph 2
of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982, the
Council hereby resolves that the streets shaded blue on the plan attached to the
report be designated as consent streets and that the previous designations made
by the Council in respect of those streets as prohibited streets are hereby
rescinded;

b) That authority be granted to the Council Solicitor and Monitoring Officer to
advertise the intention of the Council to rescind and designate the streets and to
serve a copy of the Notice of Intent on the Chief Officer of Police and Highway
authority;

c) That following the publication of the Notice of Intent, the Committee consider
any written representations received within 28 days;

d) That the Committee approve the attached Policy in principle for inclusion in the
consultation process.

								
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