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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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