Agenda item

The Committee is asked to determine whether to designate the site detailed at Appendix A for the purposes of street trading and if designated to then determine whether to grant a street trading license to the site.

The Committee considered the application to designate a section of public highway outside Jalal Butcher's & Grocer's, 123 High Street, Thornton Heath, CR7 8RZ.

The Head of Public Protection and Licensing introduced the application. He explained the process of designation for street trading, applying for street trading licences and the details of the application for the Committee to consider as written in the appendices. He highlighted the following:

·       In reference to Page 48 of the agenda, he said that the application asked for a trading area length of 1.8 metres and a width of 1.2 metres to each side of the front entrance area. This would leave a clear pavement width of 3.6 metres tapering 3.3 metres from the edge of the proposed display to the curb. This was a Croydon Council maintained stretch of public highway, where the minimum required width of pavement was 2 metres.

·       This matter was originally considered by the Licensing Committee on 30 September 2020 where members resolved to defer the application.

·       No objections or comments had been received for the application.

·       The measurements in the application had been agreed by an enforcement officer following a site visit and a temporary licence was currently in place.

·       There were three other premises on the same row already licensed for street trading.

·       The premise was in the saturation zone in the council’s street trading policy.

The applicant was not present to make a representation.

Councillor Nina Degrads joined the meeting at 6.40pm.

The Market & Street Trading Compliance Officer told the Committee that the applicant had agreed with officers that he would be willing to reduce the width to 1 metre and replace the brown display box to improve the appearance if necessary. There was no written record of this.

The Chair opened Committee Member questions to officers.

The Head of Public Protection and Licensing confirmed to a Member that the entirety of the pavement was public highway and the drainage grill did not indicate a border of ownership.

A Member stated that the pavement had been extended wider during a past regeneration project and there used to be railings which were removed. She noted that in response to comments made about the closeness of buses to the curb, as a Ward Councillor for the Thornton Heath area she had no recollection of buses mounting the pavement. She asked for the comparisons in width of the pavement between this premise application and the neighbouring premises. The Market & Street Trading Compliance Officer replied the other premises held a street designations of 0.8 and 0.9 metres.

Members raised concern over the potential overhang of a bus bumper when turning the corner onto the pavement which was higher risk due to the congestion of the street. Residents with mobility issues and visual impairments needed to be considered when encroaching on to the pavement in those conditions. They noted that the premise was located in a saturation area and stated that it would be preferable for a smaller width in line with other shops on the street, however they wanted to support local businesses particularly in the current economic climate.

The Committee noted that new photographs showing the location had been provided following its decision on 30 September 2020 to defer the application. In response to a Member asking when the pictures had been taken, in light of the lockdown measures this year, the Market & Street Trading Compliance Officer stated that they were captured at 2.15pm on 13 November 2020. Members commented that the pictures were taken at a quiet time and this area was close to busy crossings, Thornton Heath train station and school children at peak times which caused concern for safety of residents passing by.

A Member noted that there were no representations received from Highways Officers or Transport for London therefore no concerns had be raised in regard to clearance on the pavement. He noted that the applicant had said he was willing to make an adjustment to the application to reduce the width, however questioned if this was a necessity and what the reasoning would be to place further restrictions.

For clarification in response to a Member stating that she saw the applicant extend their display when she was recently in the area, the Head of Public Protection and Licensing stated that any extending displays more than a permitted license measurement was an enforcement issue which could escalate to a fixed penalty notice. The Market & Street Trading Compliance Officer confirmed that a fixed penalty notice was issued to the applicant on 8 October 2020 for overspreading his designated temporary license by 0.2 meters, without any excuses given, which had since been paid. Members expressed concern over the noncompliance from the applicant. It was added that the council had suggested to the applicant they mark the pavement to help comply with not crossing over the designated line, however this advice was not followed.

Members expressed their disappointment in the missed opportunity to ask questions to the applicant given his absence, particularly as the applicant had not attended the application hearing on 30 September 2020. It was confirmed that multiple officers had been in contact with the applicant prior to the meeting and unsuccessful attempts had been made to reach him on the day of the meeting. Some Members understood that circumstances may have arisen which meant he was unable to attend the meeting. A Member stated that the time of the meeting would be particularly inconvenient for a shopkeeper, the technology to access the virtual meeting may not be easily accessible, the Committee should be more sympathetic and support local businesses and the case should not be judged harshly due to his absence. If members were concerned they should consider reducing the designated area permitted to grant.

In response to the Chair, the Corporate Lawyer confirmed that it was within the gift of the Committee to grant a smaller street trading area than applied for.

In response to a Member noting that unless there were mitigating circumstances on an application within a saturation zone it should be rejected, the Corporate Lawyer stated that there was no automatic rejection of an application in a saturation area  and all applications had to be considered individually on their merits. In addition, Members’ attention was drawn to the provisions of the Street Trading Policy which provides that in determining whether a street or particular site should be designated for the purpose of street trading the following matters may be considered:

•        The presence of existing street furniture;

•        The proximity and nature of any road junctions and pedestrian crossing points;

•        The number of sites already designated in the same street;

•        Whether the proposed site for designation would ensure continued free access to members of the public using the road or pavement or cause obstruction to e.g. pedestrians, prams and wheelchairs;

•        Whether it leaves the recommended minimum clear passage of 2.0 metres (or 2.8m on TfL roads), between the front edge of any display and the edge of the kerb or any item of street furniture (railings, lamp posts etc.) – whichever is the nearer to the display;

•        Put the safety of pedestrians at risk;

•        Have a negative effect on the character and appearance of the area;

•        Any relevant Council policies relating to the town or district centre in question whose implementation might be impeded or compromised by the designation.

The Committee confirmed that they were satisfied that they had heard the entirety of the presentation and discussion and RESOLVED:

1.      To REFUSE to designate Jalal Butcher's & Grocer's, 123 High Street, Thornton Heath, CR7 8RZ for the purposes of street trading as set out in Appendix A of the report due to the proposed trading width of 1.2 metres being considered to be too wide in the circumstances and potentially put pedestrians safety at risk.

2.      To GRANT designation to Jalal Butcher's & Grocer's, 123 High Street, Thornton Heath, CR7 8RZ for the purposes of street trading at a revised trading width of 0.8 metres.

3.      To GRANT a street trading licence to the Applicant.