Agenda item

Report of the Director of Public Protection and Licensing.

5.1      The Licensing Committee received a report from Ms Annette Acik, Head of Licensing, setting out the results of the consultation into the fees and charges for street trading on a market, allowing the WCC to set a fee to recover its costs in relation to a licence application and services provided for administration, cleansing, waste disposal and enforcement.  Ms Acik advised that Officers sought a decision to implement a revised set of fees for the application for a licence for street trading on a market pitch in Westminster, and the charges applied for each day that the licence is in force, following the consultation, approved by the Licensing Committee on 4th July 2018. 

5.2      Ms Acik said that the consultation ran as part of a wider consultation into markets across Westminster, from 6th August 2018 until 29th October.  She explained that as part of the consultation, there were proposals for a new application fee, which set out four options for the daily charge.  Ms Acik advised that the proposals also included some concessions on the application fee for charitable or community events, for start-up businesses and for Westminster residents.  She advised that licence holders affected by the proposal and representative trade bodies were notified of the changes proposed and given the opportunity to make representations.

5.3      Ms Acik advised many traders had responded to the consultation, summarised within the report, with a clear preference for Option 4 for a tapered rate over a two-year period.  She explained that support was also given for the proposed revised application fees and associated concessions.  Several general comments were also received from traders, across all markets.  Ms Acik said that the traders were also been given the opportunity to meet officers in person and/or attend the Licensing Committee hearing to discuss the fee and charges proposed, and a chance to make further representation.

5.4      Ms Acik discussed with the Licensing Committee the financial implications and advised that fees and charges are based on cost recovery, as defined within section 22 of The Act.  She explained that under the current fee and charging arrangements, the Council’s deficit over the last three years was more than £1million.  Ms Acik advised that with current occupancy rates, the tapered Option 4 would result in a deficit of £234,585 in year one, (2019/20). If the option was approved, the deficit would be funded through the Council’s general fund and represents a £80k reduction in deficit compared to the previous year.  Ms Acik felt that the deficit would be borne by the Council to ease pressure on traders as the Council moves into full cost recovery.

5.5      Ms Acik asked the Licensing Committee for their consideration and approval for:

1.     The proposed application fees as set out in Appendix A

2.     The concessions on the application fee in relation to charitable or community stalls, start-up business and Westminster residents as shown in Appendix A

3.     Option 4 of the proposed daily charge for a pitch on a market in Westminster; a tapered rate over a two-year period, of £16 Monday – Thursday and £22 Friday and Saturday in year one, rising to £22 across all days in year two as shown in Appendix B.  55% of traders responding to the consultation were in support of Option 4 which allows traders a one-year transitional period to full charging. 

4.     For all the above to be applied to all applications and all existing traders as of the 1st April 2019

5.     For all waivers to continue as per existing Street Trading policy 2013

6.     A further review on the fees and charges for street trading on a pitch at a market in Westminster to be brought to Licensing Committee in April 2020, in line with the provisions set out in the City of Westminster Act 1999 (The Act), and annual fee reviews thereafter.

5.6       The Chair welcomed the report and advised the Licensing Committee were very aware of the issues as traders had informed them that hardship continued on an individual basis.  Councillor Scarborough queried if the Council would make traders aware of the changes in 2020 and if there would be a cap on the fees.  The Chair advised that this was something that they would not be able to comment on at this stage.  Councillor Caplan asked if Option 4 meant that the deficit would raise to £1.2 million, equating to an even bigger deficit.  Councillor Wilkinson felt that the makeup of WCC markets would be different in 2-3 years’ time.  Councillor Less questioned how the hardship waiver would be explained to the traders. She queried the communication plan for the traders and plans for working with the regeneration team and the market inspectors.  Ms Ros Hick, Licensing Team Manager advised that officers regularly communicate with the traders.

5.7       Councillor Glen again queried the deficit absorbed by the Council. Ms Acik advised that the Council has already accepted the 2019/20 deficit (£234,585) would be absorbed by the general fund.  She advised that after that time the account will restart and in year 2, when the Council goes to full cost of recovery the Council will consider costs and other surplus deficits again.  The Chair advised that from her understanding the Council was not seeking to recover money from past years and the deficit the Council will have next year.

5.8       The Members of the Licensing Committee thanked Ms Acik for the report and approved the recommendations to implement option 4 from 1st April 2019.

5.9       RESOLVED: That the following be approved:  

1.       The proposed application fees as set out in Appendix A

2.       The concessions on the application fee in relation to charitable or community stalls, start-up business and Westminster residents as shown in Appendix A

3.       Option 4 of the proposed daily charge for a pitch on a market in Westminster; a tapered rate over a two-year period, of £16 Monday – Thursday and £22 Friday and Saturday in year one, rising to £22 across all days in year two as shown in Appendix B.  55% of traders responding to the consultation were in support of Option 4 which allows traders a one-year transitional period to full charging. 

4.       For all the above to be applied to all applications and all existing traders as of the 1st April 2019.

5.       For all waivers to continue as per existing Street Trading policy 2013

6.       A further review on the fees and charges for street trading on a pitch at a market in Westminster to be brought to Licensing Committee in April 2020, in line with the provisions set out in the City of Westminster Act 1999 (The Act), and annual fee reviews thereafter.