Agenda item

Report of the Cabinet Member for Economic Development, Wellbeing, Culture and Public Realm, Councillor Izaac Tailford

The Cabinet Member for Economic Development, Culture, Wellbeing and Public Realm introduced the report, which needed Council approval before it could progress to government.  He said markets are an important and beneficial part of Cheltenham, promoting economic and social wellbeing, but licensing of markets is problematic due to Section 83 of the Cheltenham Trading Act 1882, which makes it an offence to hold a market on any street in the borough and therefore requires the licensing of every individual trader in order to operate.  This is not sustainable and generates a huge administrative burden and cost to traders and the council every year. 

To resolve this, the Council approved a resolution to repeal S83 in July 2023, and following consultation, a bill has been approved which requires final approval from Members before being deposited with Parliament.  Following its adoption, CBC will be granted the powers to set up and manage new markets, setting the days, hours and charges, and to regulate sales.  This much-simplified process, fully supported by the majority of respondents, will leave more time to create a tailored approach to better fit the town going forward, supporting businesses better and creating more harmony in the town centre.  The private bill must be deposited by November 2025 - otherwise it will have to wait until November 2026 – and he hoped Members would support the recommendations and allow the authority to move forward with these essential works.

There were no Member questions.  In debate, the following points were made:

-       markets and traders don’t often appear at licensing committee but handling individual licenses clearly creates a lot of work for officers who are dealing with alcohol licences, SEVs, taxis and more.  A licence for a whole market will make their lives a lot easier;

-       it seems bizarre to be discussing an 1882 Act of Parliament, which has created such a huge amount of  bureaucracy and now requires a bureaucratic process to withdraw it.  Everyone agrees that markets are an enormous and positive bonus for the town, and the repeal of this act will mean the council has more control over where they go.  This is a great opportunity to save on bureaucracy and manage markets going forward to the benefit of all;

-       this is a great idea, giving the town an opportunity to hold markets in different areas – a great bonus for the town’s economy;

-       this is just one efficiency brought about by the new Licensing and Public Protection Manager who is doing a great job, and has made excellent progress so far with her successful and professional application of licensing law.

RESOLVED THAT: 

1.     it is expedient to promote a Bill for effecting all or some of the purposes mentioned below and that such a bill be promoted accordingly by the authority.  The purposes are:

a.    Repealing section 83 of the Cheltenham Improvement Act 1852;

b.    Applying Part III of the Food Act 1984 to any market in the borough; and

c.    Introducing a power for an authorised person to issue a fixed penalty notice to any person who the authorised person has reason to believe has committed an offence contrary to byelaws made under section 60 of the Food Act 1984.

d.    Such other purposes as may be determined by the Council.

2.    authority is delegated to the Head of Public Protection, in consultation with the S.151 Officer, Director of One Legal and Cabinet Member for Economic Development, Wellbeing, Culture and Public Realm, to:

a.    address procedural matters which may arise in relation to the promotion of the Bill and to enter undertakings or commitments in relation to it;

b.    agree to the making of any necessary amendments to the Bill that may arise during the promotion of the Bill; and

c.    affix the Common Seal to the Petition for the Bill and to any other necessary documents.       

32 in support

1 abstention