Agenda item

The Committee is asked to consider the recommendations as set out in the report.

The Head of Public Protection and Licensing introduced the report, which outlined the proposal to delegate decisions for uncontested applications of street trading licenses to the Director of Public Realm, in consultation with the Chair of Licensing Committee. He stated this would save resource where Members and applicants would not be summoned for non-contentious business.

It was noted by a Member that there were some applications where it was useful for Members to meet and utilise their specific knowledge in their wards and local areas, which would not be considered otherwise. The Chair added that all Members of the Council were provided with a generic weekly notification of licensing applications, however they were not personally sent to individual Members on a ward basis. He proposed that if the delegation was granted, going forward Members should receive personalised notifications to inform them of relevant applications to their ward as an extra safeguard. He asked how many applications were received in a typical year. The Head of Public Protection and Licensing replied that each Committee considered 6-7 designations and occasionally an application to vary a license. He agreed the Licensing department would look into sending applications to specific ward councillors.

A Member raised concern for increasing delegation to officers following the findings of the Report in the Public Interest (RIPI) from external auditor Grant Thornton, which concluded that a small number of Members and officers made decisions for the council. The Chair responded that the proposal mirrored the Planning department model and that any application with an objection would still be considered in front of Members. Once ward councillors received more personalised application notifications from the Licensing department, their awareness and empowerment to represent local businesses, residents and communities would be increased from the current position. Another Member added that following the RIPI recommendations, it made sense to support this proposal and allow efficient use of council resources.

The Committee RESOLVED to:

1.               Delegate authority to the Director of Public Realm, in consultation with the Chair of the Licensing Committee, to consider and determine the following matters pursuant to the provisions of the London Local Authorities Act 1990 ("the Act"), as amended:

a)    Applications for a Street Designation Order (designation of a License Street or part of street) under Section 24 of the Act which are not located within the Council's Saturation Zone for these purposes and in respect of which no objections have been received (or if received but have been subsequently withdrawn). If the Director of Public Realm is satisfied that street trading should be licensed in the authority area (or specified part thereof), the Director of Public Realm may, subject to consultation requirements, pass one or more of the following resolutions:

•        A designating resolution designating any street (or part thereof) within the borough as a "licence street";

•        A resolution specifying in relation to any such street (or part thereof) any class/es of articles, things or services which will or will not be prescribed in any street trading licence granted in respect of that street (or part thereof)

b)    Applications to vary or consideration of rescinding a Street Designation Order in respect of which no objections have been received (or if received but have been subsequently withdrawn) and the associated resolutions required.

c)     Applications for the grant/renewal/variation/revocation of Street Trading Licenses under Sections 25, 28 and 29 of the Act in respect of streets or part(s) of street(s) which are designated for the purposes of street trading as "license streets" where no objections have been received (or if received but have been subsequently withdrawn) to the application under consideration and to impose Standard Conditions, Appendix 1 hereto, and such site specific conditions as are reasonable in relation to the license.

Such delegations shall not preclude the Director of Public Realm referring a matter to the Committee for consideration and determination where it is considered appropriate to do so.

2.               Update the Council's Street Trading Licensing Policy, Appendix 2 to this report, to reflect the above delegations where necessary, to update outdated references to previous officers' titles contained therein and to include the Standard Conditions as an Appendix to the Policy.