Agenda item

To provide an update on the Markets Allocation Policy and Standard Conditions for Street Trading in the Royal Borough of Kensington and Chelsea.

Following the Chair’s invitation, the Deputy Leader and Lead Member for Employment, Culture & Economy, supported by Terry Oliver, Director of Cleaner, Greener and Cultural Services and Beau Stanford-Francis, Executive Director of Environment and Communities, introduced the report and raised that:

1.   An online survey was completed in 2021 and the Council was looking to consult on a revised draft in spring 2024.

2.   Portobello Road Market was named the best large outdoor market in 2023. It consisted of 350 stalls, and the allocation and enforcement of the market by a small markets team, the size of which was being reviewed.

3.   The review was taking place to add transparency and clarity to the process. The Council was looking into creating a panel which would allocate and revoke, where necessary, street trading licences.

4.   It was important to ensure that there were policies in place to retain the positives of the markets and to continue to support their contribution to the community.

The Chair invited the Committee to ask questions on the report and the Committee:

1.  Asked how often, and by whom, were the enforcement checks completed. Officers explained that the street trading office comprised of three enforcement officers, two of which were part-time. There was also a markets manager. Their work involved negotiation between traders, the enforcement team, as well as residents and businesses. If traders did not comply with standard conditions, warning letters would be issued first, followed by fixed penalty notices, and then a pitch could be revoked if there were serious issues. It could take up to six months for a full enforcement process to be followed, as it had to be followed exactly in line with the legislation. The Lead Member added that when a street trading licence was granted, it was granted for life and could be passed on to family members. This may also be reviewed.

2.  Queried how big the waitlist was. The officer explained that there was not an official waiting list, as pitches were advertised when they became available. In general, hot food pitches were oversubscribed, there was less interest in fruit and vegetables, and antiques. The Lead Member noted the difficultly with the current system, as traders could give notice up until 8:30am of the day of trading if they were unable to attend. There was a lot of capacity during ‘off-peak’ hours.

3.  Sought further information on the programmes to encourage young entrepreneurs. The officer explained that Morley College and New Youthquake were the main routes for young people. They were asked to develop a business plan and then to support a market, and this was very popular. The officers would look to ensure they were prioritising young entrepreneurs. There was a good school outreach programme, where they were invited to visit the market. More could be done to promote outreach with secondary schools.

Action by: Director of Cleaner, Greener and Cultural Services

4.  Noted that there was a desire from Golborne Market traders to create a Traders’ Union, to enable easy communication with the Council and opportunities to meet with the local councillors. Officers shared that there were two recommended routes: the Market Street Action Group (which includes traders and retailers), workshops around Carnival (one could be run with businesses in the footprint of Carnival).

5.  Questioned who was responsible for enforcement related to waste issues with markets. The officers explained that during operational hours, the markets enforcement team were responsible. There was a complex waste collection process, with different coloured bags for residents, businesses, and traders. The street trading account paid for the waste collection.

6.  Asked whether the section on ethos could be reduced or altered, as it could be quite subjective when selecting traders. The officers shared that it was an old survey and thus, they would be reviewing it.

Action by: Director of Cleaner, Greener and Cultural Services

Actions to be completed, with any information requested by the Committee to be sent to the Governance Officer for circulation:

1.  The Director of Cleaner, Greener and Cultural Services to review the current provision for school and youth club outreach in relation to the Borough’s markets.

2.  The Director of Cleaner, Greener and Cultural Services to review the ethos section of the selection form.