The Licensing (Public Protection) Committee met to discuss the Draft Street Trading Consent Policy Post-Consultation Review. Councillors agreed in principle to proposed amendments to the council's draft street trading consent policy on regulating street trading, modified following public consultation, prior to a resolution to full council regarding the adoption of Schedule 4 Local Government Act 1982 in respect of consent streets. The committee also agreed that the date of the next meeting would be Tuesday 23 September 2025.

Draft Street Trading Consent Policy Post-Consultation Review

The committee agreed in principle to proposed amendments to the council's draft street trading consent policy on regulating street trading, modified following public consultation, prior to a resolution to full council regarding the adoption of Schedule 4 Local Government Act 1982 in respect of consent streets.

Simon Gallagher, Principal Licensing Officer, presented the report, reminding the committee that the council has discretionary power to adopt street trading controls, which most authorities have done to protect the public, reduce crime risks, avoid obstruction, and prevent public nuisance. The consultation on the draft policy ran between 15 March and 26 May, receiving over 260 online survey responses and written responses, mainly from town and parish councils.

Key proposed changes to the policy approach include:

• Focusing controls on Buckinghamshire Council-maintained highways only.
• Adopting an open-door approach to applications, with a publicly available online register of authorised traders.
• Allowing flexibility between locations, enabling authorised traders to cover one another's pitches temporarily.
• Revising the exemption criteria for community events to clarify that associated trading activities are exempt, with the event organiser assuming responsibility.
• Removing some documentation requirements, such as vehicle MOT certificates and DVLA driving licences, replacing them with guidance and formal declarations.
• Modifying the policy on trading on streets with a speed limit of 30 miles per hour and above, allowing decisions on a case-by-case basis in consultation with relevant authorities.
• Retaining the basic DBS requirement for applicants and assistants to promote public safety.

Councillor Southbury asked for clarification that community events would be exempt, with event organisers taking on the responsibilities, and that the equality impact assessment covered the risks of doing something versus not doing something. Simon Gallacher, Principal Licensing Officer, confirmed this, stating that the wording had been amended to make it clear that community events are outside of scope, and that a full equality impact survey wasn't necessary, but a screening exercise had been conducted.

Councillor Gough asked about licensees swapping places, and Simon Gallacher, Principal Licensing Officer, clarified that consent holders can appoint someone as their representative, or another authorised trader can cover their pitch for up to 28 days.

Councillor Chilton raised concerns about the lack of a requirement for mobile traders to have a food hygiene inspection and certificate. Jacqui Bromilow, Head of Regulatory Services, responded that all food businesses are required to be registered with a local authority and fall into the regular inspection programme. She clarified that businesses don't have to be registered in Buckinghamshire, but generally at the location where the vehicle is kept. Councillor Chilton expressed reservations about mobile vendors with high-risk products selling on the streets without a food hygiene certificate or inspection.

Councillor Zoh suggested explaining what the registration process entails to alleviate Councillor Chilton's fears. Jacqui Bromilow, Head of Regulatory Services, explained that the registration process is an A4 form providing details of the business, which enables the council to triage the business.

Councillor Gomm stated for the record that he still had reservations about mobile food handlers who haven't been inspected or rated.

Councillor Hussain OBE JP noted the small return in the consultation from different sections of the community and asked if there was any way to ensure inclusivity in future consultations. Simon Gallacher, Principal Licensing Officer, responded that he would speak to the dedicated consultation team to see how to improve engagement.

Councillor Mazamal Hussain asked if two ice cream vans could be licensed in the same area at the same time. Simon Gallacher, Principal Licensing Officer, responded that in terms of parks, the council's parks department has a new scheme this year, the pop-ups park scheme, with one business per park. For mobile traders, the policy approach is that the individual trader needs to move on every half hour to a location at least 50 metres away.

Councillor Kelly asked about the process now, and Simon Gallacher, Principal Licensing Officer, clarified that members were being asked to agree the policy in principle, but the policy will be of no effect until the controls have been agreed by full council. Full council will be asked to consider making a resolution, which is then subject to a minimum of 28 days public notice.

Councillor Field asked about policies on setting up near schools. Simon Gallacher, Principal Licensing Officer, clarified that the policy recommends that any trader wishing to sell fast food products would be prohibited within 400 metres of a school, particularly if trading times are around school lunchtimes or finishing times. Mobile traders, like ice cream vans, wouldn't be permitted within 200 metres of a school unless they've got expressed permission from the head teacher.

Councillor Anderson asked about the display of the licence and street car traders. Jacqui Bromilow, Head of Regulatory Services, responded that the street trading policy doesn't cover sales of vehicles in the street, but there are specific controls under the Clean Neighbourhoods and Environment Act 2005, which states that vehicles cannot be sold on the highway within 500 metres of each other.

Councillor Tuffail Hussain asked if the issue of traders from home could be brought back to the licensing committee. Councillor Stutchbury suggested that officers could prepare a briefing note on the question and set out what the legislative provisions are and what steps the council can take.

Alka Tomlinson, Assistant Team Leader, Criminal Litigation and Licensing, clarified that people were starting to move between consents and licences for street traders, and that the policy is about street trading and consents, not licences.

Councillor Stutchbury proposed that the policy be accepted based on the fact that the officers have recognised the consultation and reacted to the parish and town councils' deliberations and concerns.

The recommendation was that the proposed amendments to the council's draft street trading consent policy on regulating street trading, modified following public consultation, are agreed in principle prior to a resolution to the full council regarding the adoption of Schedule 4 Local Government Act 1982 in respect of consent streets. This was proposed by Councillor Stutchbury and seconded by Councillor Adoh. The vote was in favour.

Councillor Tuffail Hussain asked if the traders from home issue could be added to the next agenda. This was deemed to be out of scope for this committee.

The next meeting was scheduled for 23 September 2025.