Issue - items at meetings - Street Trading Consents

To consider a report of the Corporate Director for Place Management and Regeneration.

The report details the outcome of the consultation with area committees and the Constitution Working Party on proposals to amend the Scheme of Delegation with regard to the determination of street trading consents.

The Committee is recommended to consider the comments of the area committees and the Constitution Working Party as detailed in Section 4 of the report, and recommend that the Council Meeting give approval to the amendment of the Scheme of Delegation to reflect the current practice detailed in Section 3 of the report, such that the determination of Street Trading Consents be delegated to the Corporate Director for Place Management and Regeneration, save in those instances where there have been two or more applicants for a single pitch; where there have been objections or an appeal against the decision of the Corporate Director.

Officer contact: Ian O’Donnell / Damian Eaton on 474 4175 / 3207 or email: ian.odonnell@stockport.gov.uk / damian.eaton@stockport.gov.uk

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) detailing the outcome of the consultation with Area Committees and the Constitution Working Party on proposals to amend the Scheme of Delegation with regard to the determination of street trading consents.

RESOLVED – That the Council Meeting be recommended to approve the amendment of the Scheme of Delegation to reflect the current practice detailed in Section 3 of the report, such that the determination of Street Trading Consents be delegated to the Corporate Director for Place Management and Regeneration, save in those instances where there had been two or more applicants for a single pitch; where there had been objections or an appeal against the decision of the Corporate Director.

To consider a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration.

The report details proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

That the Area Committee comment on and note the report.

Officer contact: Ian O’Donnell / Damian Eaton on 474 4175 / 3207 or email: ian.odonnell@stockport.gov.uk/ damian.eaton@stockport.gov.uk

A representative of the Democratic Services Manager submitted a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration detailing proposed amendments to the Constitution to change the delegation arrangements for the determination of Street Trading Consents.

RESOLVED - That the proposed amendments to the Scheme of Delegation for the determination of Street Trading Consents be endorsed.

To consider a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration.

The report details proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

That Area Committees and the Constitution Working Party be consulted on amending the Scheme of Delegation to reflect the current practice detailed in Section 3 of the report. Such that the determination of Street Trading Consents be delegated to the Corporate Director for Place Management and Regeneration, save in those instances where there have been two or more applicants for a single pitch; where there have been objections or an appeal against the decision of the Corporate Director.

Officer contact: Ian O’Donnell / Damian Eaton on 474 4175 / 3207 or email: ian.odonnell@stockport.gov.uk / damian.eaton@stockport.gov.uk

A representative of the Democratic Services Manager submitted a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration (copies of which had been circulated) detailing proposed amendments to the Constitution to change the delegation arrangements for the consideration of Street Trading Consents.

The following comments were made/issues raised:-

· Members expressed concern that the delegation arrangements for the consideration of Street Trading Consents had not been correctly followed by Officers.

· A Member felt that there should be an appeals process against the decision of the Area Committee.

RESOLVED – (1) That the report be noted.

(2) That the Licensing, Environment and Safety Committee be requested to consider whether there should be an appeals process against the decisions of the Corporate Director for Place Management & Regeneration or the Area Committees.

To consider a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration.

The report details proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

That Area Committees and the Constitution Working Party be consulted on amending the Scheme of Delegation to reflect the current practice detailed in Section 3 of the report. Such that the determination of Street Trading Consents be delegated to the Corporate Director for Place Management and Regeneration, save in those instances where there have been two or more applicants for a single pitch; where there have been objections or an appeal against the decision of the Corporate Director.

Officer contact: Ian O’Donnell / Damian Eaton on 474 4175 / 3207 or email: ian.odonnell@stockport.gov.uk / damian.eaton@stockport.gov.uk

A representative of the Democratic Services Manager submitted a joint report (copies of which had been circulated) of the Council Solicitor and the Corporate Director for Place Management and Regeneration detailing proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

RESOLVED – That the report be noted and the proposed amendments to the delegation arrangements for the consideration of Street Trading Consents be endorsed in so far as the Area Committee is concerned.

To consider a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration.

The report details proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

That Area Committees and the Constitution Working Party be consulted on amending the Scheme of Delegation to reflect the current practice detailed in Section 3 of the report such that the determination of Street Trading Consents be delegated to the Corporate Director for Place Management and Regeneration, save in those instances where there have been two or more applicants for a single pitch; where there have been objections or an appeal against the decision of the Corporate Director.

Officer contact: Ian O’Donnell / Damian Eaton on 474 4175 / 3207 or email: ian.odonnell@stockport.gov.uk / damian.eaton@stockport.gov.uk

(NOTE: The Chair was of the opinion that this item, although not included on the agenda, should be considered as a matter of urgency in accordance with Section 100B(4)(b) of the Local Government Act 1972 to enable to Area Committee to contribute to the consultation on proposed changes to the Constitution in advance of its consideration by the Licensing, Environment and Safety Committee).

A representative of the Democratic Services Manager submitted a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration (copies of which had been circulated) detailing proposed amendments to the Constitution to change the delegation arrangements for the consideration of Street Trading Consents.

Members felt that it was important that local Members were aware of all applications for Street Trading Consents in their Ward.

RESOLVED – That the report be noted.

To consider a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration.

The report details proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

The Area Committee is requested to comment on the proposal.

Officer contact: Ian O’Donnell / Damian Eaton on 474 4175 / 3207 or email: ian.odonnell@stockport.gov.uk / damian.eaton@stockport.gov.uk

A representative of the Democratic Services Manager submitted a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration detailing proposed amendments to the Constitution to change the delegation arrangements for the determination of Street Trading Consents.

RESOLVED – That the proposed changes to the delegation arrangements for the determination of Street Trading Consents be supported.

To consider a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration.

The report details proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

That Area Committees and the Constitution Working Party be consulted on amending the Scheme of Delegation to reflect the current practice detailed in Section 3 of the report. Such that the determination of Street Trading Consents be delegated to the Corporate Director for Place Management and Regeneration, save in those instances where there have been two or more applicants for a single pitch; where there have been objections or an appeal against the decision of the Corporate Director.

Officer contact: Ian O’Donnell / Damian Eaton on 474 4175 / 3207 or email: ian.odonnell@stockport.gov.uk / damian.eaton@stockport.gov.uk

A joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration was submitted (copies of which had been circulated) detailing proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

RESOLVED – That the Corporate Director for Place Management and Regeneration be requested to consult all Area Committees on proposals to amend the Scheme of Delegation to reflect the current practice as detailed in Section 3 of the report such that the determination of Street Trading Consents be delegated to the Corporate Director for Place Management and Regeneration, save in those instances where there had been two or more applicants for a single pitch; where there had been objections or an appeal against the decision of the Corporate Director.

A representative of the Democratic Services Manager submitted a joint report (copies of which had been circulated) of the Council Solicitor and the Corporate Director for Place Management and Regeneration. The report detailed proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

RESOLVED – That the Corporate Director for Place Management and Regeneration be informed that the Area Committee supports the proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

To consider a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration.

The report details proposed amendments to the delegation arrangements for the consideration of Street Trading Consents.

That the Area Committee comment on and note the report.

Officer contact: Ian O’Donnell / Damian Eaton on 474 4175 / 3207 or email: ian.odonnell@stockport.gov.uk/ damian.eaton@stockport.gov.uk

(NOTE: The Chair was of the opinion that this item, although not included on the agenda, should be considered as a matter of urgency in accordance with Section 100B(4)(b) of the Local Government Act 1972 to enable to Area Committee to contribute to the consultation on proposed changes to the Constitution in advance of its consideration by the Licensing, Environment and Safety Committee).

A representative of the Democratic Services Manager submitted a joint report of the Council Solicitor and the Corporate Director for Place Management and Regeneration detailing proposed amendments to the Constitution to change the delegation arrangements for the determination of Street Trading Consents.

It was commented that details of those applications which had been submitted for sites that fell within the area represented by the Area Committee should be circulated to members on a regular basis.