Implementation of SBCs Street trading regime 10 December 2018 Street - PowerPoint PPT Presentation

Implementation of SBC’s Street trading regime 10 December 2018

Street trading is……. ‘ the selling or exposing or offering for sale of any article (including a living thing) in a street’

How do we administer street trading….? • Street Trading Policy introduced in May 2017 (amended Feb 2018) which made all streets within the Borough ‘Consent Streets’ • Policy sets out SBC’s approach to street trading, including the application process together with what factors are considered when determining applications. • Policy and further info available on SBC’s website

What is a street…. • any road, footway, beach or any other area to which the public have access without payment; and • a service area as defined in s.329 of the Highways Act 1980 • Includes every street within the Borough of Scarborough

What is NOT street trading…? • Trading as a Pedlar • Markets or fairs established by Charter • Trunk road picnic areas (as defined by S112, Highways Act 1980) • Trading as a news vendor • Trading at either a petrol station, or area outside a shop used as part of that shop • Selling, offering or exposing ‘things’ as a roundsman • Street Cafes (under Highways Act 1980)

What is NOT street trading…? • Services sales – AA, Sky TV etc. • Promotional events • Street entertainment (including buskers)

Extra SBC exemptions • Trading at established fairs which have the permission of SBC • Trading at Charity Events where there is no private gain i.e. Village Hall jumble sales • Trading at Annual Community based events, such as Armed Forces Day & Whitby Regatta. However, must notify us in writing, consult with local residents and only permit pre-booked traders to trade.

So what is a Pedlar…?  People who sell from place to place  Require a Pedlar’s licence issued by the police  Licence is valid throughout the country  Regulated solely by the police

A pedlar must…. • trade as he travels and cannot sell from a fixed pitch • Move around and not wait for the customer to come to him • Carry his goods, which must be ‘small goods’ however may use a wheeled trolley to transport them

Pedlars operating as illegal street traders • Most common form of illegal street trading • Printed info to hand out to suspected illegal street traders which includes : • Case law • SBC’s expectations of Pedlars • That there is no ‘15 minute rule’ • Penalties • Details on how to apply for a street trading consent • That CCTV footage recorded in the area may be used as evidence

Powers to deal with illegally street trading • No powers to move on! • Prosecute for street trading without the necessary consent from SBC. • Adopted a staged approach to enforcement – informal verbal/written warnings to illegal street traders in 1 st year of implementation of regime (2017). • Currently 3 illegal street traders from 2018 season being referred for prosecution

What next…..?  Continue to target enforcement of illegal street traders;  Continue to feed into work of SBC’s Economic Regen team to ensure Street Trading Policy is aligned with the final Town Centre Strategy.

Any questions…..?