Local Government (Miscellaneous Provisions) Act 1982 Street Trading – Re-Designation of Streets

LICENSING COMMITTEE Local Government (Miscellaneous Provisions) Act 1982 Street Trading – Re-designation of Streets Report of: Elaine McLean, Executive Director – Economy, Place and Skills Portfolio Holder : Councillor Jean Stretton 12 th June 2012 Officer Contact : Russell Williams, Senior Licensing Officer Ext. 3472 Purpose of Report The purpose of this report is to ask members to make a resolution re-designating certain streets, within the Borough of Oldham, from ‘Consent / Licensed’ streets to ‘Prohibited’ streets for the purpose of street trading. Recommendations Members are recommended to:- 1. note the report; and 2. taking into account any representations, implement the proposed resolution as presented at appendix II LICENSING 12 th June 2012 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 STREET TRADING – REDESIGNATION OF STREETS 1 Background 1.1 Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 enables a Local Authority to adopt a code for the regulation and control of street trading within its district. 1.2 Once Schedule 4 to the Act has been adopted by a Local Authority, the Act states that the Local Authority may, by way of a resolution, choose to designate any street within its area as a prohibited, licence or consent street. 1.3 In terms of definitions, broadly speaking a prohibited street means no street trading can take place, a licence street is more suitable to streets where the strict control of trading is needed i.e. town centre / district centres and a consent street are applicable to more infrequent types of trading, such as ice cream vans. 1.4 Before a resolution can be made the Local Authority must publish notice of its intentions to pass a resolution in at least one local newspaper. A copy of the notice must also be served on the Highways Authority and the Chief Officer of Police for the district 1.5 The public notice must allow for representation to be made about the proposed resolution. 1.6 When deciding whether to pass a resolution, The Local Authority must consider any representations that have been made. 2 Current Position 2.1 The Council adopted the provisions of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 and resolved to designate some of the streets within the borough as prohibited streets, licence streets and consent streets. The current designation of streets is attached at appendix I. 2.2 The Council, in its capacity as Licensing Authority, have undertaken a review of the streets in which street trading is permitted. 2.3 As part of the review officers have looked at complaints received in relation to street trading; and have consulted with each district partnership to ascertain if they would like to put forward streets, in which street trading should be prohibited. 2.4 Following this review officers have drawn up a proposed resolution that, if made, would designate the following streets as prohibited for the purpose of street trading:- th Page 2 of 11 Licensing\0000612 12 June 2012 Saddleworth and Lees Dobcross Sugar Lane Woods Lane Platt Lane Sandy Lane Greenfield Bank Lane (road leading to Dovestones Reservoir) Uppermill Tame Street Buckley Street Chapel Street Wade Row High Street, Uppermill (from its junction with New Street, Uppermill (from its junction with New Street to its junction with Church Road High Street, to its junction with Church Road) and from its junction with Tame Street to its junction with Buckley Street) Church Road, Uppermill (from its junction with High Street to its junction with New Street) Chadderton Chadderton Hall Park • Chadderton Hall Road (from its junction with Mill Brow to its junction with Haigh Lane); • Kiln Hill Lane; • Kiln Hill Close; • Chadderton Fold; • Chadderton Park Road (from its junction with Chadderton Hall Road to it’s junction with Rydal Avenue); • Nordens Drive; • Haigh Lane (from its junction with Chadderton Hall Road to the entrance to the park); • Haigh Lane (B6195) (from its junction with Chadderton Hall Road to its junction with Kenilworth Avenue); • Irk Vale Drive (from its junction with Haigh Lane (B6195) to its junction with Rookwood); Hunt Lane (from its junction with Broadway to Bay Tree Avenue (from its junction with its junction with Middleton Road) Kensington Avenue to its junction with Laurel Avenue th Page 3 of 11 Licensing\0000612 12 June 2012 Royton Croft Head, Royton King Street, Royton Spring Garden Street, Royton Park Street, Royton Sandy Lane, Royton Radcliffe Street, Royton (from its junction with Park Street to its junction with Sandy Lane) Middleton Road, Royton (from its junction with Rochdale Road, Royton (from its junction with Rochdale Road to its junction with Croft Head) Middleton Road to its junction with Whittaker Street). 3 Options/Alternatives 3.1 Taking into account any representations, Members have the option to:- • make a resolution designating the streets presented in appendix II as prohibited streets for the purpose of street trading; • reduce the scope of the streets presented in appendix II and make a resolution based on the reduced scope; • agree that a resolution is not required; 4 Preferred Option 4.1 None, Members decision 5 Consultation 5.1 Consultation has taken place in accordance with the requirements laid down in the Act. 5.2 In addition officers have consulted with those street traders who hold permission to trade within the Borough; and consultation has also taken place with the Boroughs 6 District Partnerships. 5.3 The results of the consultation will be presented to the Committee at the meeting of the 12 th June 2012. 6 Financial Implications 6.1 There appears to be no impact on Council budgets, save for the 3 statutory notices that must be placed in a local newspaper. The fee for these notice will be approximately £1200. 6.3 The anticipated costs represent revenue expenditure and will be charged against Licensing, cost centre 22800. The anticipated costs of £1200 for the statutory newspaper notice will be charged to Publicity and Marketing account code R43317. There is sufficient budget within Licensing to cover the cost of the statutory notice th Page 4 of 11 Licensing\0000612 12 June 2012 7 Legal Services Comments 7.1 The purpose of the legislation is to ensure that local authorities are able properly to regulate those who sell without resort to business premises. Local authorities are concerned not only with consumer protection but also with the suitability of those who are street traders, what they sell and also any nuisance and inconvenience or obstruction that they may cause to those using the streets in question. A district council may by resolution designate any street in their area as a consent, licence or prohibited street, subject to the requirement that notice of their intention to pass such a resolution is published and that they have notified the chief officer of police for the area in which the street is located together with any highway authority responsible for the relevant street. The aim of the legislation is clearly to ensure that any street trading which does take place within the area of a district council is properly licensed or consented to and it is an offence to engage in street trading in a licence street or a consent street without having the appropriate authorisation. (A Evans) 8. Cooperative Agenda 8.1 In consulting with the District Partnerships the Licensing Authority are ensuring the views of the citizens in each district are represented and taken into account when deciding which street should be prohibited for the purpose of street trading. 9 IT Implications 9.1 None 10 Property Implications 10.1 None 11 Environmental and Health & Safety Implications 11.1 None 12 Equality, community cohesion and crime implications 12.1 None 13 Equality Impact Assessment Completed? 13.1 No 14 Key Decision 14.1 No 15 Forward Plan Reference th Page 5 of 11 Licensing\0000612 12 June 2012 15.1 N/A 16 Background Papers 16.1 None 17 Appendices 17.1 Appendix I – Current Designation of Streets Appendix II – Copy of proposed resolution th Page 6 of 11 Licensing\0000612 12 June 2012 Appendix I Licensed Streets For the purpose of its current policy, the Council have designated the streets, or part thereof, detailed below as LICENSED STREETS and can only be used by licence holders (i.e. not consent holders) for street trading purposes. CHADDERTON Andrew Street, Chadderton Ash Walk, Chadderton Burnley Street, Chadderton Butterworth Street, Chadderton Frederick Street, Chadderton James Street, Chadderton Lignum Avenue, Chadderton Poplar Walk, Chadderton Middleton Road, Chadderton (from its junction with Milne Street to Broadway) OLDHAM TOWN CENTRE Albion Street, Oldham Cheapside, Oldham Church Lane, Oldham Church Street, Oldham Church Terrace, Oldham Curzon Street, Oldham High Street, Oldham Market Place, Oldham Henshaw Street, Oldham (from its junction St. Mary’s Way, Oldham (from its with St. Mary’s way to West Street) junction with Henshaw Street to Yorkshire Street). Lord Street, Oldham (from its junction with Rock Street, Oldham (from its Junction High Street to St. Mary’s Way with Lord Street, to St. Mary’s Way) Yorkshire Street, Oldham (from High Street to its junction with St May’s Way). ROYTON Croft Head, Royton King Street, Royton Spring Garden Street, Royton Park Street, Royton Sandy Lane, Royton Radcliffe Street, Royton (from its junction with Park Street to its junction with Sandy Lane) Middleton Road, Royton (from its junction Rochdale Road, Royton (from its with Rochdale Road to its junction with Croft junction with Middleton Road to its Head) junction with Whittaker Street). SHAW Collinge Street, Shaw Kershaw Street, Shaw Market Street, Shaw Regent Street, Shaw Westway, Shaw Crompton Way, Shaw (from its junction with High Street to its junction with Rochdale Road).

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