Agenda item

The purpose of this report is to seek the Committee’s decision on the proposal to designate 3 sites in the Borough as a Licence Street for street trading and the granting of a street trading licence under the provisions of the London Local Authorities Act 1990.

Michael Goddard, Head of Environmental Health, Trading Standards and Licensing outlined the nature of the applications being sought, explaining that Street Trading applications involved the display of goods for sale or the provision of services on the public highway.

There were three applications for Street Designation Orders for consideration by the committee at this meeting. During presentation of the first application, by Mr Hiratullah Salem on the highway outside 5 London Road, Croydon CR0 2RE, officers explained that there would be 4.10 clear metres between the edge of the shop display and the edge of the pavement. The minimum pavement space required by Croydon Council was two metres.

Officers explained that no comments or objections had been received from local residents or any of the licensing consultees for a licence to operate from 8 am to 9 pm Monday to Sunday. Officers explained that there were fifteen similar sites within the vicinity and that if the committee was of the opinion that that was enough within the saturation zone and that granting another such application would have a detrimental effect on safety in the area then there was a presumption that this application could be refused.  

The applicant was present to respond to technical questions from the committee.

Members questioned whether the access of wheelchair users had been considered, to which officers confirmed that the space between the display and the road was compliant with both Transport for London (TfL) and Croydon Council requirements for pedestrian space. Officers also clarified that if the display failed to comply with those measurements at any point that that would be a matter for enforcement by the Licensing team. Congregation of people around the display impeding access to the walkway could also result in action from the enforcement team, usually by planning better management by the licence holder.

Members expressed concerns that the edge of the display was close to a bus stop, and officers clarified that there were more than five clear metres between them. Officers also confirmed that the location had held a temporary licence for this activity for five years and that in that time there had been no enforcement issues.

The Chair invited the applicant to introduce themselves and make their representations.

The applicant confirmed that the display would remain in exactly the same situation as was shown in the photographs in the reports pack.

Councillor Parker then MOVED to vote on the application which was SECONDED by Councillor Pearson.

RESOLVED, unanimously to:

1.     Designate the site outside 5 London Road, Croydon, CR0 2LE for the purposes of street trading, and;

2.     To grant a street trading licence to the site.

The second application put to the committee for consideration was on the highway outside TFC Croydon Limited 73-77 London Road, Croydon CR0 2RF and the applicant was Mr Ercan Ucar who was represented at the meeting by his sister.

Officers explained that this site had also been operating a temporary licence and that no comments or objections had been received from local residents or from the consulted authorities.

Members expressed similar concerns about those in wheelchairs being able to pass the displays, and checked how the enforcement team monitored potential issues like this, to which officers explained that there were regular patrols and that issues with free passage would be taken up with the licence holder to manage.

In response to member questions officers answered that two metres was the minimum required distance from the edge of a shop display to the kerb and that this section of the road was Croydon Council-maintained.

The Chair stated that the road in the images in the reports pack appeared to be very narrow outside the display, and officers asked the committee to consider whether that was putting pedestrian safety at risk.

Officers explained that no issues had been raised whilst the applicant operated under the temporary licence, which had been in place for seven months.

The applicant responded to the committee’s concerns that there had been no accidents in the time that the temporary licence had been in place, and that they tried to keep the displays outside very safe and neat. Ms Ucan explained that outside mainly vegetables were displayed, and that crowding did not tend to happen as consumers bought whole boxes rather than individual items of food.

Officers also explained that it was for members to decide based on the information provided whether the saturation point of an area had been reached, taking into account the safety of the public.

It was MOVED by the Chair and SECONDED by Councillor Herman and put to the vote.

RESOLVED, by seven votes in favour and two abstentions, to:

1.     Designate the site outside TFC Croydon Limited 73-77 London Road, Croydon CR0 2RF for the purposes of street trading, and;

2.     To grant a street trading licence to the site.

The third and final application was by Mr Khalil Khidir for the premises on the highway outside 66 London Road, Croydon CR0 2TB. Officers explained that this display was 1.6 metres long and that it protruded 0.80 metres onto the pavement, leaving 3.80 clear metres between the edge of the display and the kerb, and that there was a tree on the pavement from which the edge of the display was located 2.10 metres away. It was clarified that the applicant already had a display outside the neighbouring shop, and that he sought an additional display to cover both shopfronts. There had been no comments or objections from those who had been consulted on the application.

Officers clarified for the committee that the designation was requested between the hours of 8 am and 9 pm, and this was confirmed by the applicant. Members raised some concerns around the situation of the tree and officers explained that the measurement was taken from the base of the tree.

In response to a question from a member the applicant stated that the display would not be in the way of the entrance to a residence.

The Chair MOVED to vote which was SECONDED and:

RESOLVED, unanimously to:

1.     Designate the site outside 66 London Road, Croydon CR0 2TB for the purposes of street trading, and;