Meeting documents

Under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 Aylesbury Vale District Council had designated certain areas of Aylesbury town centre as ‘Consent Streets’. The effect of this was that in order for a trader to trade in those areas lawfully, a Street trading Consent was necessary. Such a system was designed to control itinerant traders as trading without consent was illegal.

Over the years since the establishment of the consent streets trading pitches had been designated for both daytime and evening trading.

A long standing pitch held by the florist, Mrs P Clarke trading as Paula’s Petals was situated in the Market Square adjacent to the Clock Tower and on non-market days provided colour and interest to the square. On market days, although continuing to trade under the auspices of a Street Trading Consent Paula’s Petals traded alongside market traders who are under the management and control of the Town Centre Manager and Market Manager.

The Town Centre Manager took control of the market during the latter part of 2012 and had made significant changes. The terms and conditions for market traders had been re-written to address issues such as attitude and behaviour and stricter controls introduced in respect to the sale of products. Market traders were now authorised to trade under licences which they have to display and thus demonstrate to the public that they have been vetted and were under strict management. In addition new stalls and covers had been provided and the layout of the market re-designed to permit fairness and make it more aesthetically pleasing.

The Tuesday ‘bric-a-brac’ market had been replaced by a vintage and craft market.

Paula’s Petals had been trading in the Market Square for many years under the authority of a street trading consent, rather than the rules and regulations covering market traders. Such an arrangement was appropriate as she traded six days a week as opposed to the four days that the market traded. However as far as the general public were concerned and indeed other market traders Paula’s Petals was, on the face of it, another market trader on market days.

Mrs Clarke had co-operated with the various changes to the market introduced in recent years. However the Town Centre Manager had suggested that on market days the day to day management of this particular street trading pitch came under the control of the Market Manager. Although not subject to the same terms and conditions applied to market traders, it would enable the Market Manager to exercise an element of control and flexibility necessary when managing a market. It would also improve the general trade relations as the current inconsistent management of market traders and Paula’s Petals had caused some resentment in the past.

This proposal had been set out in writing to Mrs Clarke and she had been given the opportunity to comment.

It was therefore recommended that an additional condition be added to the existing consent conditions for this particular pitch as follows:-

"During Market Days the Consent Holder will comply with any reasonable request made by the Market Manager in respect to both compliance with the conditions of their consent and any alteration of the trading area to ensure its compatibility with the overall Market. Failure to comply with any reasonable request of the Market Manager will be construed as a breach of the Street Trading Consent. In any event the Consent Holder must comply with all Aylesbury Vale District Council policies". A copy of the current conditions attached to the Street Trading Consent were attached to the report as an appendix.

Members commented on other traders who had either been granted consent in the past to trade from Market Square or had pitches close to the market.

RESOLVED –

That a new condition, as set out in paragraph 3.7 of the report and outlined above, be added to the street trading consent held by Mrs P Clarke, trading as Paula’s Petals which would effectively enable the Market Manager to ensure compliance on market days.