How do we enforce Street Trading and Mobile Trading across the District?
The Council is committed to enforcing the provisions contained within the relevant legislation, and to work in partnership with all enforcement agencies, in order to promote a consistent, transparent and proportionate approach to the enforcement of licensing matters.
Where licensable activities are conducted without the relevant permissions having been granted by the Licensing Authority, or where conditions / permitted trading hours are breached, the Council will gather evidence and take the necessary enforcement actions as required.
What are Enforcement Actions?
The Licensing Officers will firstly seek to advise traders of the requirements of their Trading Consent, and should it be necessary issue Warnings.
Traders found to be operating without a Trading Consent having been granted are liable to being prosecuted.
Should a trader continue to fail to comply with the requirements of the Council’s Street Trading Policy or the conditions applicable to his / her Street Trading or Mobile Trading Consent, the traders’ suitability to continue to hold the Trading Consent will be reviewed by the Director: Place & Communities at a Hearing.
What happens at a Hearing?
The Licensing Manager (or a member of the Licensing Team) will present a report detailing the reasons for the Hearing being held. The Director: Place & Communities will want to hear from the Trader in order that the Trader is given every opportunity to put his / her case across.
Once the case has been discussed, the Director: Place & Communities will take legal advice from the Council Solicitor, and then come to a decision as to what of the 3 following options to take.
The options available to the Director: Place & Communities at such Hearings are to:
1. Review and (if necessary) vary the conditions attached to an existing Street Trading or Mobile Trading Consent when necessary to promote public safety and / or prevent nuisance or annoyance to any affected parties, or the Trader has failed to comply with the conditions of the Consent, or information has come to light as to the suitability of the Trader.
2.Review and (if necessary) suspend or revoke a Street Trading or Mobile Trading Consent issued to an existing Trader when necessary to promote public safety and / or prevent nuisance or annoyance to any affected parties, or the Trader has failed to comply with the conditions of the Consent, or information has come to light as to the suitability of the Trader.
3. Take no further action, if having reviewed matters, it is deemed that the Trader is not responsible for the issues that led to the Hearing being held.
It is most likely the matter will be determined at the Hearing and all parties verbally informed of the decision taken by the Director: Place & Communities.
An Official Decision Notice is then issued, detailing the relevant matters taken into consideration at the Hearing, and the reasons for the decision that was taken.
Further information can be found within our Street Trading Policy.