Agenda item

The Building Control Manager submitted for the Committee’s consideration the following report:

“1.0     Purpose of Report/Summary of Main Issues

1.1       An important feature of the licensing provisions in the Street Trading Act (NI) 2001 is the power of a district council to designate specific streets or parts of streets as being suitable for street trading. The Act also allows a council to vary a previous Designating Resolution in relation to the commodities or services to be supplied in specific streets.

1.2       If a street or the commodity to be offered has not been designated under the Act the Council cannot issue a licence for street trading from a stationary position in that street.

1.3       The process of considering and reviewing the designation of streets is, therefore, an essential part of the legal framework within which the Council is enabled to regulate street trading in the City.

2.0       Recommendations

2.1       The Committee is requested to consider the applications which have been received for the creation of new designated sites and for the variation of commodities and services at current designated sites and, subject to any amendments you may have, permission is sought to allow the publication of the statutory 28-day notice of the proposed resolution and to commence consultation with statutory bodies and other persons who may have an interest in the proposals.

3.0       Main Report

            Key Issues

3.1       The Act sets down the procedures which must be followed in considering a Designating Resolution, including the types of trading which may or may not take place in that street. The main steps the Council must undertake may be summarised as follows:

a)     Give public notice of the proposed resolution in 2 or more newspapers in the district;

b)     Consult with the PSNI and the Department for Infrastructure and other persons it considers appropriate;

c)     Consider any representations relating to the proposed resolution which it has received;

d)     After the Council has considered those representations it may, if it thinks fit, pass the Designating resolution;

e)     Publish notice of the outcome for 2 consecutive weeks in 2 or more newspapers, giving not less than 28 days between the date of the publication and the date set out by the Council when the resolution will come into effect.

3.2       A further report will be brought to a future meeting of the Committee, detailing the outcome of the process of consultation. At this stage, Members will be able to determine the designation of the streets, along with any restriction on the commodity to be sold and any recommendations regarding the restriction on the times of trading.

3.3       Members are aware that the Committee has previously considered a number of locations throughout the City and determined their appropriateness for designation. There are currently approximately 60 streets or parts of streets designated as being suitable for Stationary Street Trading.

            Proposed New Streets or Part Thereof

3.4       Designation applications or expressions of interest have been received for the creation of new designated sites in streets at various locations throughout the City as listed below:

            Variation of Commodities and Services to be Provided

3.5       The Act also allows the Council to vary a Designating Resolution in relation to the part of the street where trading is permitted, this includes consideration of the commodities or services which can be offered at that location. The procedures that must be followed for varying a Designating Resolution are the same as those for making the designation in the first place.

3.6       Applicants have asked for the Council to consider the variation of the commodities and services which are permitted to be offered at the following designated sites where they are already licensed:

            Financial and Resource Implications

3.7       The cost of all notices is included in current revenue budgets. The required notice to confirm the designation will cost approximately £5,000 as our policy states that it must be placed in three newspapers for two consecutive weeks.

            Equality or Good Relations Implications

3.8       There are no equality or good relations issues.”

The Committee granted approval to initiate the statutory process for the designation of the new street trading sites and for the variation of the commodities and services, as set out within paragraphs 3.4 and 3.6 of the report respectively.