Councillors and committees
Agenda and minutes
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Venue: King Charles Centre, Surbiton, KT5 9AL
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Apologies were received from Councillors Stephanie Archer and Margaret Thompson.
Members are invited to declare any disclosable pecuniary interests and any other non- pecuniary interests (personal interests) relevant to items on this agenda.
Councillor David Ryder-Mills declared a non-prejudicial, non-pecuniary interest in Agenda Item 5 (Street Trading Policy) as he had previously corresponded with several street traders who may be affected by any changes to the Street Trading Policy. Councillor Ryder-Mills explained that this correspondence was in his role as a Caseworker in the office of Rt Hon Sir Ed Davey MP and the correspondence reflected the views of his employer, the MP, not his own.
Councillor Jon Tolley declared a non-prejudicial, pecuniary interest in Agenda Item 5 (Street Trading Policy) as he owns two shops within the borough which may be affected by changes to the Street Trading Policy.
To confirm that the minutes of the Licensing Committee held on 14 May 2019 and all minutes of Licensing Sub-Committees since the previous main Committee are a true and correct record.
The minutes of the previous meeting of the Licensing Committee (14 May 2019) and the minutes of all meetings of the Licensing Sub-Committee since the previous meeting of the Licensing Committee were unanimously AGREED as a true and accurate record of these meetings.
To consider the options for revising the Street Trading Policy within the borough and determine the most appropriate option to be developed.
Members considered the Street Trading Policy report, which is intended to bring the Kingston Street Trading Policy up-to-date with case law and more recent legislation. Members noted that updates to the policy are intended to make it easier for individuals to trade on the street in the borough.
Members noted that the current approach of designating streets for street trading restricts all street trading to Kingston town centre, plus several designated pitches. It was noted that a consultation on proposed changes to the Street Trading Policy had been undertaken and that, whilst reservations were expressed, the majority of responses were in favour of a change to the policy.
Several questions were asked by members of the public, including but not limited to the reasoning behind the proposed changes, potential changes to charges for licences, and whether current licence holders would be guaranteed licences under a future scheme. Members noted that the reasoning for the changes was to allow for a less restrictive street trading environment in the borough, and that there is a need to ensure the Street Trading Policy is compliant with recent legislation and licensing practices. It was further noted that the pricing and charging of licences would be completed once an agreed process for changing the Street Trading Policy was agreed, but that Licensing Authorities are required to ensure that fees for processing licences are set on a cost recovery basis to licences although the price of a licences under the legislation can incorporate rent and contributions towards upkeep and maintenance of the highway,. Finally, the committee noted that existing traders would be able to apply for pitches prior to applications being considered for new traders.
The committee RESOLVED that:
1. A Street Trading Policy will be prepared and brought back to the Committee at its next meeting;
2. The licensing of the display of goods for sale (shopfront licensing) be included within the Street Trading Policy;
3. The licensing of A-boards is to be included within the Street Trading Policy;
4. Option 3 (varying the existing designation, page A4 of accompanying report) is selected to allow the licensing of traders operating from pitches; and
5. That a Working Group be established to further investigate the selected option (Option 3 - varying the existing designation) for licensed trading from pitches and any other matters relating to the Street Trading Policy it wishes to consider;
Voting (in order as
taken at meeting)
For: Councillors Sweeney, Dunstone, Edwards, Foulder-Hughes, Fram, Gander, Goodship, Heap, Ryder-Mills, Tolley
Against: Councillor Self
Abstentions: ... view the full minutes text for item 4.
Urgent items authorised by the Chair
To consider any items which, in the view of the Chair, should be dealt with as a matter of urgency because of special circumstances in accordance with S100B(4) of the Local Government Act 1972.
There were no urgent items.