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

implementation of sbc s street trading regime
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Implementation of SBCs Street trading regime 10 December 2018 Street - - PowerPoint PPT Presentation

Implementation of SBCs 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.?


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Implementation of SBC’s Street trading regime

10 December 2018

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SLIDE 2

Street trading is…….

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

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SLIDE 3

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

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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

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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)
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What is NOT street trading…?

  • Services sales – AA, Sky TV etc.
  • Promotional events
  • Street entertainment (including buskers)
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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.

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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

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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

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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

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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 1st year of implementation of regime (2017).

  • Currently 3 illegal street traders from 2018

season being referred for prosecution

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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.

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Any questions…..?