Agenda and draft minutes

Licensing Committee
Monday, 29th June, 2020 10.00 am

Venue: Virtual Meeting; this meeting will be livestreamed via the council's YouTube account

Contact: Cathy Hayward, Committee Services Officer  Tel.: 020 8770 4171 | Email:  committeeservices@sutton.gov.uk

Media

Items
No. Item

1.

Welcome and introductions

Minutes:

The Chair, Councillor Jake Short welcomed those present.

2.

Apologies for absence

Minutes:

Apologies for absence were received from Councillor Tim Crowley.

3.

Declarations of interest

Minutes:

Councillor Eric Allen declared a non pecuniary interest he is a Member of the LGA Stronger and Safer Communities Board and spokesman for Licensing.

4.

Minutes of the previous meeting pdf icon PDF 70 KB

To approve as a correct record the minutes of the meeting held on 24 February 2020 and the minutes of the meeting of the Licensing sub Committee held on 10 June 2020.

Additional documents:

Minutes:

RESOLVED that:

The minutes of the meeting held on 24 February 2020, and the minutes of the Licensing sub Committee held 10 June 2020 be agreed as an accurate record.

Members asked for an update on the task and finish group agreed to be established to consider Street Trading Policy at the meeting 24 February 2020 of this committee. Officers confirmed this group was constituted under HEB committee and an update would be sought.

5.

Street Trading Review of Consultation responses pdf icon PDF 124 KB

Following resolution by Committee at the meeting of 24 February 2020 of its intention to amend Sutton’s Street Trading Policy to introduce a Commodities List including restricted commodities, officers completed the first part of the statutory Public Notices process as required by the legislation in order to enable the making of resolutions at this meeting.  The review of street trading regulation is intended to help the authority to encourage more street trading and compliments the aims of the Council’s ‘Ambitious for Sutton’ plan to seek the regeneration of the town centre, and make the borough more generally a great place to live, work, and raise a family, by helping to encourage a more vibrant and active market and other street trading areas.

 

Following the period of consultation set out in the Public Notices, this report sets out the responses to the notices, seeks Members comments on those and where appropriate requests the making of resolutions so as to enact the changes to the Street Trading licence regime.

Additional documents:

Minutes:

David Kingstone, Licensing and Environmental Compliance Team Leader presented the report.

 

Members clarified that there was only one Street Trader in the Sutton High Street market area known to be offering the sale of items on the suggested restricted item list. It was also clarified that the items on the suggested restrict items list could be purchased in a shop or on the internet and that it is not illegal to sell these items.

 

Members suggested the proposed restricted item list could result in the restrictions on Street Traders in Sutton becoming more stringent than those imposed on shops. Members discussed the items listed on the suggested restricted items, in particular, BB guns. They suggested  BB guns could be considered dangerous, but that there were other items currently sold in the Sutton High Street market which could be considered dangerous, such as hammers which were not included in the suggested list. Members drew attention to a previous petition which had received over 600 signatures which had asked that BB guns were not be sold in the market.

 

Members noted the restricted item list was not extensive, as it included only ten items and drew attention that only one letter of objection had been received and that this letter had related  to a single specific item, BB guns.

 

Members were aware of the difficulties facing the retail trade at this time which has been added to by the COVID 19 situation, and that limiting goods which could be sold by adding a restricted item list may cause further problems for traders. 

 

The Council as the land owner is able to restrict items sold on its land. Prior to 20016 a restrictive commodities list had been in place which listed items which could be sold in the market, this had been relaxed by the Sutton Licensing Committee in 2016. Members discussed whether the restricted item list as outlined in appendix A of the report, would result in traders feeling unwelcome in the market, and would lead to a destruction of the market. Members considered the market should be encouraged to offer a diversity of goods, and that a restricted item list could be detrimental to this aim.

 

Members outlined projects that had aimed to encourage development of the market.

 

Mr Nick Withey, who had made a valid representation addressed the committee, main points raised were:

 

It is not illegal to sell BB guns in the UK.

He has sold BB guns for over 12 years and has not received any complaints,he is in regular contact with both the police and trading standards officers.

He does not sell to children and has notices to inform that sales are to people over 18 years only.

The BB guns sold on the stall are orange and blue in colour.

The retail trade is suffering at the moment, and if he was unable to sell BB guns he would no longer be able to operate the business, he has struggled to maintain the business  ...  view the full minutes text for item 5.

6.

Any urgent business

To consider any items which, in the view of the Chair, should be dealt with as a matter of urgency because of special circumstances (in accordance with S100B(4) of the Local Government Act 1972).

Minutes:

Councillor Short asked that Members be provided an update of the current position regarding licensing in relation to the COVID -19 situation, and officers agreed to provide a briefing and to keep members informed of changes.