Agenda item

Report of Director of Sport and Culture

Shaun Miles, Head of Markets and Fairs, presented the report. He stated that the ‘Nottingham City Council Act 2013’ received Royal Assent on 28 February 2013 and contained powers to allow the Council to better regulate street trading, although the powers conferred do not fully come into effect until certain actions are taken. He further stated that this report seeks authority to take actions to implement aspects of the Act to bring it fully into force so that illegal street trading can be managed better providing an improved city centre environment for citizens and visitors alike by preventing obstruction of the highway and addressing road safety issues.

Following discussion and questions by the committee the following points were made:

(a)  This does not address beggars and street artists, it solely applies to illegal street traders such as those operating outside of their pedlars certificate;

(b)  In a change to the recommendations in the published report authorisation to publish the level of fixed penalty notices has been changed from the Head of Markets and Fairs to the Director of Sports and Culture; 

RESOLVED

(1)  that being satisfied that it is necessary to ensure road safety or prevent obstruction of the highway, the Director of Sports and Culture is authorised to serve all appropriate notices and advertise the Council’s intention to pass the resolution below in accordance with paragraph 2 of Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 as amended by section 5 of the 2013 Act, subject to consideration of any representations received in writing within the relevant period:

  ‘with effect from 03 December 2018 to designate for the purposes of section 5(1) of the 2013 Act the area outlined with a bold red line on the plan attached, namely the area bounded by, and including, the following:

  from a point at the junction of South Sherwood Street, the designated area runs east and is bounded by the back of the footway on the north side of Shakespeare Street, south along the back of the footway on the east side of Milton Street, then east and then south along the back of the footway on the north, east and south sides of Lower Parliament Street to the junction of Canal Street and London Road. It then runs south, then west, then north around the traffic roundabout on London Road (at its junction with Canal Street and Parliament Street), then west along the back of the footway on the south side of Canal Street, north along the back of the footway on the west side of Castle Road (including the whole of Lenton Road to the junction of the Nottingham Park Estate) then runs north west along the back of the footway on the north side of Friar Lane. It then runs north west and is bounded by the back of the footway on the west side of Main Marian Way, continuing over Wollaton Street to Talbot Street, east along the back of the footway on the north side of Talbot Street, north along the back of the footway on the west side of South Sherwood Street to the point at the junction of South Sherwood Street, such designation to have effect at all times. (‘the Designated Area’)’;

(2)  to set the level of fixed penalty notice payable under section 8 of the 2013 Act at £150 for all relevant offences as defined in section 2 of the 2013 Act;

(3)  to authorise the Director of Sports and Culture to, in accordance with section 8 of the 2013 Act, publish in the local press, and, in accordance with section 9 of the 2013 Act, notify the Secretary of State of the level of fixed penalty set;

(4)  to approve the Enforcement Policy at appendix 2, such Enforcement Policy to come into force with immediate effect (other than the parts relating to the fixed penalty notice, which will come into force when the level of the fixed penalty comes into force in accordance with section 9 of the 2013 Act);

(5)  to authorise the following:

(a)  the Head of Markets and Fairs to publish on the Nottingham City Council website any relevant informationin accordance with section 12 of the 2013 Act;

(b)  the Head of City Centre Management and Regulation to comply with the duties in section 10 of the 2013 Act relating to Financial provisions.