Licensing Committee 24 February 2015

Council 25 February 2015

Street Trading Designation

Wards: Stockwell, Clapham Town, Herne Hill and St Leonard’s

Report Authorised by: Sue Foster - Strategic Director Delivery

Portfolio: Cabinet Member for Neighbourhoods - Cllr Jane Edbrooke

Contact for enquiries: Jamie AkinolaDelivery Lead: Neighbourhood Enforcement & Compliance Communities0207 926 9000 e-mail: jakinola@lambeth.gov.uk

Report summaryThe London Local Authorities Act 1990 (as amended) is the primary legislation governing Street Trading in Lambeth. Under this legislation, Lambeth Council is empowered to designate a street as a “Licence Street” thus enabling the issue of Street Trading Licences and enhanced powers of enforcement against unlicensed street trading in those locations. Market streets and isolated pitches existing prior to the adoption of the London Local Authorities Act 1990 (as amended) have been previously designated and further Licence Streets were designated by Licensing Committee on Tuesday 4 August 2009. Additional street markets have been operating as pilot markets under temporary licence for periods exceeding 12 months. In order to regulate their continued operation, it is proposed to designate these streets as Licence Streets.

On 12 November 2014, the Licensing Committee approved the publication and consultation exercise required under the governing legislation (the London Local Authorities Act 1990 (as amended)) for formal designation of Licenced Streets for the purpose of street trading. This report details the response to the consultation and asks that Licensing Committee approve the recommendation to Full Council and that Council formally designate the Licenced Streets as outlined.

Finance summary

The proposals within this report have no direct financial impact on Council budgets or resources. However, the designation process is subject to statutory provisions which require the designation approval to be publicly advertised (i.e. public notices in local newspapers). These costs will be met from the existing ring-fenced Street Trading Revenue Account (STRA).

Recommendations

Licensing Committee

To recommend that Council passes a resolution in accordance with Section 24(1) of the London Local Authorities Act 1990, (as outlined in the draft Designation Resolution1) formally designating Babington Road, Binfield Road, Railton Road and Venn Street as Licence Streets, for the creation of new street markets for the borough.

Council

To pass a Designating Resolution in accordance with Section 24(1) of the London Local Authorities Act 1990 (as outlined in the draft Designation Resolution2) designating Babington Road, Binfield Road, Railton Road and Venn Street as Licence Streets for the creation of new street markets for the borough.

Appendix IAppendix I

1. Context

1.1 The London Local Authorities Act 1990 (as amended) is the primary legislation governing Street Trading in Lambeth. Under this legislation, Lambeth Council is required to designate a street as a “Licence Street” enabling the issue of Street Trading Licences as outlined in Section 24(1)3 of the Act. The Act also provides the council with greater powers of enforcement against unlicenced street trading in areas designated as Licenced streets.

1.2 Lambeth’s Communities, Housing and Environment Delivery Team is responsible for the management of the borough’s main markets and 18 isolated pitches designated under The Act. The Enforcement and Business Compliance section within this team also implemented successful temporary pilot schemes for a number of markets4 co-produced with social and commercial enterprise, seeking to deliver on the Council’s cooperative / co-productive ambitions5 by adapting its policies and procedures to ensure that communities are at the heart of its Street Trading strategy.

1.3 Three of the markets already established under the pilot schemes (Babington Road j/w Mitcham Lane, Streatham; Railton Road, Herne Hill; and Venn Street, Clapham) and one that is about to be implemented (Binfield Road, Stockwell) are new market locations, which have not been formerly designated as Licence Streets. Formal designation as Licenced Streets is required to put their continued operation beyond doubt.

1.4 On 12 November 2014, the Licensing Committee approved the publication and consultation process required to designate new street trading areas (outlined in the draft Designation Resolution (Appendix 1)) in Babington Road, Binfield Road, Railton Road and Venn Street, for the creation of new street markets for the borough.

1.5 New locations for isolated pitches at Belvedere Road, Concert Hall Approach and Westminster Bridge Road, which were also the subject of pilot schemes, included in the report to Licensing Committee on 12 November 2014 and agreed by the Committee, were not consulted upon. In view of the planning background and other factors, it was considered imprudent to permanently designate these specific pitches at the present time and the temporary pilot schemes will be concluded on expiry of the current temporary licences.

1.6 A full tender process will be carried out separately following formal designation, to determine the operator of each market in the longer term on expiry of the existing temporary Licences under short-term contract.

3 Appendix III Section 24 of the London Local Authorities Act 1990 (as amended)4 Appendix IV Market Locations5 Appendix II Outline of Coproduction in Lambeth

2 Proposal and Reasons

Results of Consultation

2.1 The report to the Licensing Committee on 12 November 2014, noted that Licensing Committee and Full Council would receive a further report detailing the response to the consultation, with a further set of recommendations as appropriate.

2.2 In accordance with the London Local Authorities Act Section 24 (4), the Notice stating the Council’s intention to pass a Resolution in relation to the Designation of Licence Streets for the purpose of Street Trading was published in the public notice section, in the 28 November 2014 issue of The Weekender6. The notice invited any person wishing to submit a representation in relation to the intended resolution, to write in to The Delivery Lead: Neighbourhood Enforcement & Business Compliance, via post or email, and advised that representations were to be received before 30 December 2014 in order to be considered.

2.3 In line with the legislative guidelines, the Metropolitan Police were consulted, and on the basis that the notice is to designate an area as a 'Licence Street' for the purpose of street trading and not a licence for the purpose of selling alcohol, or any activity which is licensable under the Licensing Act 2003, advised that they do not have any issues to raise in relation to this notice from a licensing perspective.

2.4 The four streets in question are all Lambeth highways, which adjoin roads managed by Transport for London. Letters were sent to the Managing Director for Surface Transport at Transport for London and the Head of Transport & Highways at Lambeth Council on 1 December 2014, advising of the proposals and enclosing a copy of the Notice of Intention to pass a Resolution in relation to the Designation of Licence Streets for the purpose of Street Trading. No response or submission of representation was received within or after the specified time period.

2.5 In consideration of the holiday period, the designated mail-box and post was checked for any representations received up to and including Monday 12 January 2015.

2.6 The Council has not received any representation against the designation of any of the proposed sites as licence streets from the general public, Licenced street traders, the highways authorities or the Metropolitan Police.

Proposed Implementation

2.7 It is the assessment of the Delivery Lead, Neighbourhood Enforcement & Compliance that the lack of representation in relation to the notice is due to extensive initial consultation with local community organisations and stakeholders, prior to commencement of the various pilots7. Also, the continued liaison with stakeholders, steering groups and local forums during the pilots, is an indication that the markets already in operation are successfully established and there is community support for the amenities. It is therefore recommended that the Designating Notice attached at Appendix 1 be approved.

6 Appendix V – Copy of Notice Published in The Weekender7 Appendix VI – Background on Prior Consultation

2.8 Lambeth’s markets and isolated pitches contribute to the borough’s local and wider communities by providing:

Employment to 137 existing directly licenced traders and their assistants as well as creating employment and small business opportunities for traders who work in markets delivered via external operators.

A low cost business start-up opportunity access to quality goods and services for families and individuals on low incomes Provision of a local amenity A focal point for local social interaction Community Safety benefits through use of the public realm by the local community,

therefore negating issues such as antisocial behaviour via natural surveillance

2.9 Supporting and expanding Lambeth’s markets and street trading pitches aligns with the borough’s key outcome of “Creating more jobs and Sustainable growth”. New markets create business start-up and employment opportunities and support local town centre economies.

2.10 The council’s role is shifting from that of a regulatory body to working collaboratively with our citizens, local businesses, partnership organisations and stakeholders to deliver the following Cooperative Council objectives:

Benefit residents and citizens who live, work and visit Lambeth’s distinctive and vibrant town centre areas;

Add economic value by creating opportunities to encourage, promote and sustain independent and small businesses and provide jobs & entrepreneurial opportunities for local people;

Place citizens at the heart of decision making, leading to more transparent, outcome focused, cost effective and innovative solutions;

Reflect the socio-economic and cultural diversity of the borough as a whole

2.11 The council is obliged to ensure that all efforts to support and develop the borough’s markets and street trading pitches meet the requirements of:

The borough’s Constitution; ensuring that members endorse the direction of travel in relation to the development and management of the borough’s street markets;

The provisions of the London Local Authorities Act 1990 (as amended) (included as a background paper to this report), which is the principal legislation in relation to the regulation of Licenced street trading activity.

2.12 Lambeth Council is required under the London Local Authorities Act 1990 (as amended) to designate a street as a “Licence Street” enabling the issuance of Street Trading Licences as outlined in Section 24(1)8 of the Act. The Act also provides the council with greater powers of enforcement against unlicenced street trading in areas designated as Licence Streets.

2.13 A local authority’s Licensing Committee is required to oversee the continuing adherence to the relevant legislative requirements.

8 Appendix III Section 24 of the London Local Authorities Act 1990 (as amended)

2.14 Within this context Committee members are therefore requested to consider the designation of all current market areas in the borough as licence streets for the purposes of the Act and to make recommendation to Full Council to pass a designating resolution to this effect.

2.15 It is recommended that Full Council pass a Designating Resolution, designating Babington Road, Binfield Road, Railton Road and Venn Street as Licenced Streets for the creation of new street markets for the borough.

2.16 This action is required to ensure full compliance with the legislative requirements, putting the designation of Licence Streets in Lambeth beyond doubt. Failure to designate these areas for the purpose of street trading may leave the council open to legal challenge in relation to the legitimacy of any on-going Licenced street trading activity.

2.17 The council has recently acquired planning permission for Venn Street and Railton Road and is currently applying for planning permission (change of use) in relation to street trading activity in the remaining areas; as this is also a requirement of the Town & Country Planning Act 1990.

3 Finance

Costs

3.1 Cost implications have been identified as follows:

The designation process, as outlined in the Designation Procedure section of this paper9, in line with the London Local Authorities Act, requires the placement of two notices in the local press. These can be defined as:

A notice that the Council intends to pass a Designation Resolution and invites representations (this requirement has been fulfilled by the Notice of Intention to Pass a Resolution in relation to the Designation of Licence Streets for the purpose of Street Trading, published in the public notice section, in the 28 November 2014 issue of The Weekender)

Should the resolution be passed, a notice will be placed stating the Designation Resolution has been passed and the date of its implementation

3.2 Any costs in relation to publishing the Resolution Notices will be covered via the Licenced street trading existing budgets held within the ring fenced street trading account (STRA).

3.3 There are no further resource implications.

Income

3.4 The Designation Resolution is a legal requirement with regard to the grant and issue of Full Street Trading Licences. With the exception of Binfield Road, Stockwell, the affected market areas are currently operational and therefore would not yield additional income however, the markets would not be able to continue indefinitely under the current temporary pilot Licence arrangements if there is no formal designation. Therefore, not designating these areas as Licenced Streets would have an adverse impact on the ring-fenced Street Trading Revenue

9 Section 5.3

Account (managed within the Street Trading Markets Budget), in addition to the impact on the local economy.

4 Legal and Democracy

4.1 This report seeks Member approval to designate those streets detailed in appendix 1 as ‘licence streets’ for the purposes of Section 24 of the London Local Authorities Act 1990.

4.2 Section 24 (1) of the London Local Authorities Acts 1990 to 2012 (as amended), provides that if a borough Council considers that street trading should be Licenced in their area they may from time to time pass a resolution designating any street within the borough as a ‘licence street’ and may from time to time by subsequent resolution rescind or vary any such resolution.

4.3 Under Section 24(4) a borough council shall not pass a resolution or rescind or vary a resolution under this section unless –

(a) they have published a notice of their intention to do so in a local newspaper circulating in the area; and(b) they have served a copy of the notice on the highway authority for that street (unless they are the highway authority);

4.5 Under Section 24(7) the notice referred to above shall—

(a) contain a draft of the resolution; and

(b) state that representations relating to it may be made in writing to the borough council within such period, not less than 28 days after the publication of the notice, as may be specified in the notice.

4.6 Section 24(8) of the Act requires that as soon as practicable after the expiry of the period for representations, the borough council shall consider any representations received during the consultation period.

4.7 Paragraphs 2.1 to 2.6 of this report details our compliance with the above requirements and the consultation outcome.

4.8 Under section 24(3) of the Act, if a borough council passes a designating resolution, the designation of the street takes effect on the day specified in the resolution. This date must not be before the expiration of the period of one month beginning with the day on which the resolution is passed.

4.9 In accordance with section 24(10) a borough council has to publish a notice of the passing of such a resolution in a local newspaper circulating in their area on two consecutive weeks. The first publication must not be later than 28 days before the day specified in the resolution for the coming into force of the designation (Section 24(11). If approved, it is proposed that the resolution will come into force on 1 April 2015.

5 Consultation and co-production

5.1 The designation process as outlined by the London Local Authorities Act 1990 (as amended) incorporates substantial public and partner consultation to ensure full transparency and consistency.

5.2 The legislation is very clear that the process is to be undertaken by the Council; therefore, there is no provision in the act to incorporate co-production in relation to this process.

6 Designation Procedure

6.1 Under the provisions of Section 24 of the London Local Authorities Act 1990 (as amended), if a borough council consider that street trading should be Licenced in an area they may from time to time pass a resolution (in this Part of this Act referred to as a “designating resolution”) designating any street within the borough as a “licence street”. The procedure below also outlines that the Authority must give notice of their intention to pass the resolution and invite representations to be considered when passing the resolution; thus satisfying the requirements in relation to consultation.

6.2 Prior to passing a designating resolution, the Borough Council is required to:

Consult with the Commissioner of Police of the Metropolis on their proposal (Section 24 (1)).

A Notice must be placed in the local press (Section 24 (4)(a)) which must:

o Contain a draft of the resolution to which it relates (Section 24 (7)(a))

o The notice must state that written representations relating to the resolution can be submitted before the expiry of 28 days from its publication (Section 24(7)(b))

Following the expiry of 28 days, the borough council shall consider any representations received during the consultation period and If the resolution is passed, notice of its passing will be published in a local newspaper for two consecutive weeks (Section 24 (6)(10)).

Any notice to designate a street as a licence street shall take effect on the day specified in the resolution; which must not be before the expiration of the period of one month beginning with the day on which the resolution is passed (Section (24 (3)).

7 Risk management

7.1 The risks and mitigating actions associated with the recommendations in this paper can be summarised as follows:

Risk Mitigating action

Traders in markets that are established may perceive that changes will have a detrimental impact on their businesses

Lambeth’s Street Trading Terms and Conditions remain unaffected by the proposed resolution. The new Licence streets have been operating as markets under temporary Licence for periods in excess of 12 months co-existing with established markets.

8 Equalities impact assessment

8.1 The Designation Resolution will have no equalities related impact.

9 Community safety

9.1 Section 17 of the Crime and Disorder Act 1998 requires local authorities to consider the community safety implications of all their activities. Community safety considerations including police opinion are taken into account in the development of any new markets. Consultation with the Metropolitan Police has raised no concerns.

9.2 Markets deliver positive Community Safety key outcomes by way of:

Encouraging natural surveillance

Citizens developing a sense of ownership in relation to the local public realm; therefore deterring unsocial behaviour

Isolated Pitch traders can work directly with local Community Safety Officers and Police offering vital intelligence to allow focused operations / presence

9.3 Markets have a vital role to play with regard to the development of community led use of the public realm. Markets as activity within a local space will often act as a catalyst for further inclusive activities that then leads to a community “buy in”. As stated earlier in this paper, the Communities, Housing and Environment Delivery Team, Enforcement & Business Compliance Unit has developed a strategy and processes in relation to market development to reflect the council’s shifting role from that of a regulatory body to working collaboratively with our citizens, local businesses, partnership organisations and stakeholders to deliver on Cooperative Council objectives.

9.4 This approach is endorsed by the Joseph Roundtree Foundation’ s 2007 paper “The Social Value of Public Spaces”:

“Street markets were particularly important social hubs. As well as providing opportunities for meeting friends, people enjoyed the banter with familiar street traders. ‘You get to know the stall holders as well and they know you...and you often meet up with people you haven’t seen for a while,’ said a female shopper at Ludlow market (Watson with Studdert, 2006). Surveys of shoppers in Coventry, Sheffield and Tooting, found that up to 95 per cent of those interviewed endorsed the statement that, ‘I usually bump into people I know when out in the shopping area’ (Jones et al., 2007).”

“Evidence suggests that successful public spaces should build on the large degree of self-regulation of public behaviour that already exists. Approaches that actively encourage local distinctiveness and public amenity and facilitate social activity in public spaces, as opposed to stripping public spaces of all features vulnerable to vandalism or misuse, are more likely to result in cleaner, safer, greener public spaces.”

10 Organisational Implications

10.1 None.

11 Timetable for implementation

Month Designation of Market Streets

February 2015 Presentation to Licensing Committee of Report

incorporating Consultation outcome, Designation recommendations for Determination – 3 February 2015

Presentation to Full Council of Report incorporating Consultation outcome, Designation recommendations for Determination – 25 February 2015

Designation Notice Published (for two weeks) with Date of Implementation (not less than one month following the date of the resolution.

April 2015 Licenced Streets Implemented February 2015 Presentation to Licensing Committee of Report

incorporating Consultation outcome, Designation recommendations for Determination – 3 February 2015

Presentation to Full Council of Report incorporating Consultation outcome, Designation recommendations for Determination – 25 February 2015

Designation Notice Published (for two weeks) with Date of Implementation (not less than one month following the date of the resolution.

April 2015 Licenced Streets Implemented

Audit trailConsultationName/Position Lambeth cluster/division or

partnerDate Sent Date Received Comments

in para:Sue Foster – Strategic Director

Strategic Director - Delivery 21/01/15 23/01/15 None

Gary O’Key, Democratic Services

Corporate Affairs, Enabling 14/01/15 15/01/15 Throughout

Ian Speed – Capital Accountant

Finance financeclearance@lambeth.gov.uk

21/01/15 21/01/15 3

Jean-Marc Moorcarme

Enabling: Integrated Support democracy@lambeth.gov.uk

14/01/15 20/01/15 4

Cllr. Jane Edbrooke – Cabinet Member

Neighbourhoods 27/01/15 29/01/15 None

Report historyOriginal discussion with Cabinet MemberReport deadline 21.01.15Date final report sent 11.02.15Report no. 153/14-15 Part II Exempt from Disclosure/confidential

accompanying report?No

Key decision report NoDate first appeared on forward plan N/AKey decision reasons N/ABackground information London Local Authorities Act 1990 (as

amended), Part III, Section 24Appendices 1. Draft Designation Notice

2. Outline of Coproduction In Lambeth3. London Local Authorities Act 1990 (as

amended), Part III, Section 244. Market Locations5. Background on Prior Consultation

Appendix I

Draft Designation Notice

LONDON BOROUGH OF LAMBETH

LONDON LOCAL AUTHORITIES ACT 1990 (AS AMENDED)

Designation of Licence Streets For The Purpose Of Street Trading

Under the provisions of Section 24(10) of the above Act, NOTICE IS HEREBY GIVEN that a meeting of the Council of the London Borough of Lambeth held on Wednesday 25 February 2015 at the Council Chamber, Lambeth Town Hall, Brixton Hill, SW2 1RW, the Council after considering all relevant information following publication of the Street Trading consultation notice, agreed the Designation Order to operate from 1 April 2015 to permit the following street and locations within the London Borough of Lambeth to be designated as “Licence Streets” within the meaning of the Act:

Babington Road between the junctions of Mitcham Lane and William Dyce Mews;Binfield Road between the junctions of Clapham High Street and Studley Road;Railton Road between the junctions of Norwood Road and Rymer Street; andVenn Street between the junctions of Clapham High Street and Bromells Road.

The effect of the Order is that from 1 April 2015, only persons who have applied to the Council and been GRANTED a “Street Trader’s Licence” by the Licensing Committee, Sub-Committee or Officer of the Council acting under delegated powers may lawfully trade from the public highway in such designated areas covered by the Order and previous Orders. All other forms of street trading are illegal and offenders may be prosecuted.

Appendix II

Outline of Coproduction in Lambeth

Co-production is a key part of the cooperative council. Co-production challenges the traditional way of providing public services. It is the process that literally turns services users from passive recipients into active shapers of public services because it means involving all stakeholders, including the people who use a service, in the process of determining what services are delivered and how they operate.

Instead of simply asking users how satisfied they are with services, there is an expectation that service providers in Lambeth will instead engage front line staff, service users, the local community, and other relevant partners and ask “What can we design and deliver together that will benefit our area?” The table below illustrates how co-production is the combination of different groups working together to design and deliver services. (The table is taken from NESTA’s report on The Challenge of Co-Production.)

Another term that is often mentioned is co-design. This is where the service is designed collaboratively with service users, local residents, service providers and professionals. However it may still be delivered by professionals rather than on a collaborative basis. Think Public have produced an excellent short video explaining what co-design is and how it can work.

Genuine co-production will always:

1. Define service users and the community as assets who have skills that are vital to the delivery of services. The co-operative council vision puts service users and the local community at the heart of public service design and delivery, appropriately valuing their knowledge and skills in producing public services that best meets local needs.

2. Include anything that people do to support each other in the definition of work. If it is co-production, then it will actively break down the divisions between professional and client, between service provider and service user, between work and volunteering.

3. Include some element of reciprocity. Reciprocity ensures that people are actively involved because they are themselves being supported, and because we have a basic human need to give and take. The opportunity to feel needed and valued by others can play an important role in increasing self-esteem, personal aspiration and a sense of purpose. One example is time banking, where what people do to help is recorded and rewarded, and entitles them to help from others.

4. Build community capital. The core of co-production is that it allows public services to play an active role in building and sustaining networks and support. The ability of neighborhoods to keep people well, bring up children and prevent crime has been described as the ‘core economy’ – the operating system of society which makes everything else possible. Co-production is about growing the core economy.

5. Support resilience. Developing the resilience of individuals and communities is about creating personal experiences upon which people can base future decisions. This requires opportunities for people to learn and take calculated risks that they can then learn from. To do this constructively, people need supportive networks around them. Current structures limit people’s opportunities to experiment for fear of the consequences of failure. However, without these supported opportunities people may fail to develop the frames of reference that will make them more resilient and less reliant on public services in the longer term.

Appendix III

London Local Authorities Act 1990 (as amended), Part III, Section 24

24 Designation of licence streets[(1) If a borough council consider that street trading should be Licenced in their area they may from timeto time pass any of the following resolutions--

(a) a resolution (in this Part of this Act referred to as a "designating resolution") designating anystreet within the borough as a "licence street";

(b) a resolution specifying in relation to any such street or any part of a street any class or classes ofarticles, things or services which they will, or other than which they will not, prescribe in any streettrading licence granted by them in respect of that street;and may from time to time by subsequent resolution rescind or vary any such resolution:

Provided that a borough council shall--(a) before passing a designating resolution, consult with the Commissioner of Police of theMetropolis on their proposal; and

(b) before rescinding or varying a designating resolution, consult with the licence holders trading inthe street in question, or a body or bodies representative of them, on their proposal.

(2) At the appointed day for the purposes of this Part of this Act in a borough, the streets prescribed byany licences granted by the council of the borough in pursuance of powers contained in any of theenactments referred to in column (2) of Schedule 2 to this Act and then in force shall be deemed to havebeen designated as licence streets under a designating resolution.

(3) If a borough council pass a designating resolution the designation of the street shall take effect onthe day specified in the resolution (which must not be before the expiration of the period of one monthbeginning with the day on which the resolution is passed).

(4) A borough council shall not pass a resolution to rescind or vary a resolution under this sectionunless--

(a) they have published notice of their intention to do so in a local newspaper circulating in their area;

(b) they have served a copy of the notice on the highway authority for that street (unless they are thathighway authority); and

(c) where subsection (5) below applies, they have obtained the necessary consent.

(5) This subsection applies--(a) where the resolution relates to a street which is owned or maintainable by a relevant corporation;and

(b) where the resolution designates as a licence street any street maintained by a highway authority;and in subsection (4) above "necessary consent" means--

(i) in the case mentioned in paragraph (a) above, the consent of the relevant corporation; and(ii) in the case mentioned in paragraph (b) above, the consent of the highway authority.

(6) The following are relevant corporations for the purposes of this section--(a) British Railways Board;

(b) [Transport for London]; . . .

(c) . . .

[(d) Network Rail Infrastructure Limited; and

(e) Transport for London].

(7) The notice referred to in subsection (4) above shall--(a) contain a draft of the resolution to which it relates; and

(b) state that representations relating to it may be made in writing to the borough council within suchperiod, not less than 28 days after the publication of the notice, as may be specified in the notice.

(8) As soon as practicable after the expiry of the period specified under subsection (7) above, theborough council shall consider any representations relating to the proposed resolution which they havereceived before the expiry of that period.

(9) After the borough council have considered those representations, they may if they think fit, passsuch a resolution relating to the street as is mentioned in subsection (1) above.

(10) The borough council shall publish notice of the passing of such a resolution in a local newspapercirculating in their area on two consecutive weeks.

(11) The first publication shall not be later than 28 days before the day specified in the resolution for thecoming into force of the designation.]

NOTES

Initial CommencementRoyal AssentRoyal Assent: 22 February 1990: (no specific commencement provision).AmendmentSet out as amended by the London Local Authorities Act 1994, s 6(2), (12), Schedule.Sub-s (6): in para (b) words "Transport for London" in square brackets substituted by SI 2003/1615, art 2,Sch 1, Pt 2, para 34(1), (3).Date in force: 15 July 2003: see SI 2003/1615, art 1(1).Sub-s (6): in para (b) word omitted repealed by the London Local Authorities Act 2004, s 20(1), Sch 4,para 3(a).Date in force: 13 July 2004: see the London Local Authorities Act 2004, s 1(1).Sub-s (6): para (c) repealed by the London Local Authorities Act 2004, s 20(1), Sch 4, para 3(b).Date in force: 13 July 2004: see the London Local Authorities Act 2004, s 1(1).Sub-s (6): paras (d), (e) inserted by the London Local Authorities Act 2004, s 20(1), Sch 4, para 3(c).Page 2Date in force: 13 July 2004: see the London Local Authorities Act 2004, s 1(1).Page 3

Appendix IV

Market Locations

Appendix V

Copy of Consultation Notice Published in The Weekender

Appendix VI

Background on Prior Consultation

Venn Street - Clapham

In September 2009 Lambeth consulted local residents and businesses on the Clapham Gateway scheme which aims to improve the area between Clapham Common Station and Clapham Old Town and also Venn Street. One of the proposals on which locals were asked to comment was the plan to introduce a street market in Venn Street. This idea received majority support (75%) and in November 2009 a pilot, monthly food and flower market was introduced. The market is operated by a locally based organisation, Leaf House Limited, in partnership with Sourced Market.

In April 2010 a consultation was commissioned to:

gauge the impact of the pilot market on local residents and businesses and market users; gauge the level of support for a permanent weekly or monthly market; assess whether the proposed layout for a permanent Venn Street Market is deemed satisfactory; Assess whether any improvements could be made to the current market offer.

Ecotec Research Company was commissioned to carry out street surveys with market users during the June market which took place between 26 June and 27 June 2010 and a further postal survey took place between 2 July and 30 July 2010 to consult local residents in and around Venn Street and all the businesses on Venn Street and Clapham High Street. Of those who responded 67% of residents & businesses consulted in the postal survey and 93% of market users surveyed, rated the market positively. Of those who rated the market negatively 83% were residents concerned about parking, congestion, refuse and noise issues, which have been successfully resolved during the extended pilot. Further analysis of the data returned showed that overall, 70% of respondents wanted a permanent market, and the majority, wanted the permanent market to be weekly rather than monthly. The majority of Clapham residents were most in favour of a permanent weekly market.

The Clapham Gateway scheme completed delivery of the market infrastructure in 2011 and an application was made for planning permission for the change of use of the land to accommodate a street market. Further, full consultation was carried out in accordance with the requirements of the National Planning Policy Framework as part of the planning application process. Planning permission was granted on 6 June 2011 (planning permission ref 10/03935/RG3) for change of use of the land to accommodate a weekly street market operating on Friday, Saturday and Sunday. Further consultation was carried out in 2013 before the application for variation of condition 3 (operating hours) was granted on 10 September 2013.

The pilot scheme has been extended for the current operator to continue to deliver a weekly, Saturday market, pending designation as a Licence Street and a competitive selection process, including the current operator, to determine the award of a longer term contract. The market has not been extended to Fridays and Sundays, as the road closure has enabled a partnership framework to be developed with Venn Street retailers as part of the new contract terms, to use the space to develop a café dining culture on these days, which has been well supported by the local business, and most residents and has become established as a visitor attraction. This has resulted from lessons learned through the benchmarking process; markets have generally been managed in isolation, but they need to be managed in partnership with retailers as a destination.

Railton Road – Herne Hill

Initial consultation with regard to the pilot market at Railton Road was undertaken by the Herne Hill Forum, a community group and social enterprise, which approached the Council with a proposal for a market. The summary submitted by the Herne Hill Forum of the consultation, discussions and working groups involving residents and businesses in planning of the market is as follows:

Public “drop-in” session held on a Saturday, September 2008 in Railton Road got over 338 comments about activities and the future of how the public realm space in Railton Road should be developed. Regular market was very popular in suggestions put forwards by local people.

Local traders and community met in November 2010 to start the process of creating a vibrant and commercially successful public realm space in Railton Road.

First Christmas Fair held December 2010. Organised by local traders and community volunteers. Traders in Railton Road were keen on repeating the event and wanted to work towards more events and activities in the area.

Local traders met regularly in early 2011 with community and Council officers to plan weekly market and activities.

Christmas Fair held again December 2011 to great success and acclaim. Open meeting for all businesses fortnightly from December 2011 at which the market was

regularly on the agenda. Attended by 19 of the 34 businesses at some point. Regular features on Herne Hill web site – 49,000 unique users. Updates on market ideas and requesting feedback sent to opt-in e-mail list via Herne Hill web

site, 2,700 approx. viewers in local area. 298 residents gave their views on the market in February 2012 in a survey by the organisation

Living Streets. Of these 100 were surveyed in Railton Road itself fact to face on a Saturday event that was widely publicised. A further 200 gave their views online. When asked ‘Would you like a market’ 91% were in favour of a market. When asked the more open question ‘What would you like to see take place in this space that would attract you and your friends and their friends?’ 61% suggested a market (the most popular suggestion). Residents were also asked the frequency and type of market with weekly and a farmers market and arts and crafts being the most popular. See attached for summary of the consultation.

From March 2012, information about a possible market posted on the Herne Hill Forum website and in e-bulletins that reach 2,700 people and given at a public meeting of the Herne Hill Forum on 6th February.

Letters have been posted to all residents of the pedestrianised part of Railton Road in March, May and June informing them of the market and inviting them to phone or email or drop in on two evenings to the Commercial Pub. One complainant was concerned about rubbish, noise, parking and competition for the local shops. One resident was concerned about disabled parking for themselves and reassured when we explained the alternative arrangements we are making.

All businesses in Railton Road given a vote whether to have a market and whether on Saturday or Sunday. 28 out of 34 eligible businesses actually voted. Prior to the vote all businesses agreed a background 5 page information paper explaining the market and its pros and cons for businesses and residents.

A sub-group of 2-3 businesses planned market from March 2012. 3 residents of Herne Hill, including one from the pedestrianised section of Railton Road, joined

this advisory group in May 2012 and met fortnightly and in the run-up to the market weekly. Among other tasks they unanimously selected the market operator.

Members of the project spoke informally to several residents of Railton Road, for example on 16th June at the volunteering day to build planters in the street and found residents supportive.

Letter sent June 2012 to all residents within about 400 metres of the market area informing them of the market with contact details for concern.

In addition to the initial consultation undertaken by the Herne Hill Forum, separate consultation including local residents was also carried out in relation to the permanent road closure, preventing access by vehicular traffic to Norwood Road and create of a community space, and the road closure orders necessary to accommodate the pilot market.

An application was made for planning permission for the change of use of the land to accommodate a street market. Further, full consultation was carried out in accordance with the requirements of the National Planning Policy Framework as part of the planning application process. Planning permission was granted on 28 August 2014 (planning permission ref 14/03097/RG3) for change of use of the land to accommodate a weekly street market on a Saturday and Sunday.

Babington Road – Streatham

As part of the Co-operative Council initiative and the economic regeneration strategy, Lambeth Council aimed to deliver a long-term, sustainable market in the Streatham Town Centre, in partnership with Streatham businesses. Between November 2011 and March 2012, research was carried out to identify options for possible locations and a market theme. An initial feasibility study identified the northern end of the shorter north section of Babington Road, where it merges with Mitcham Lane outside of Streatham Green, as the preferred site for the proposed market. In order to obtain the views of local people a questionnaire was distributed to all postal addresses in the vicinity of the proposed site, Babington Road, Ambleside Avenue and Mitcham Lane and to all business addresses in Streatham. The questionnaire formed part of the process to ensure that the Council works with local people to implement the agreed goals and to make sure that the market meets the needs of the community and provides value for money as part of a reliable, efficient and cost-effective, quality service.

This initial consultation was commissioned to gauge the views of local residents and businesses with regard to:

Whether or not there was support for a local market in Streatham Whether or not there was support for the identified location Any reasons for concern about the proposed market The reasons for supporting the proposed market Determining the frequency, trading days and commodity mix of the proposed market

The vast majority of respondents (82%) were in favour of a market in Streatham and the majority (51%) were also in favour of the proposed location. There was no significant difference in opinion in the views of any particular respondent type; however, amongst those respondents who were both residents and business owners or managers there were none who were undecided. Overall and amongst each respondent type, the highest level of support was for the maximum frequency of three days per month; however, some respondents who were not in favour of a market did not select a frequency, whilst other respondents in favour added a box for weekly and selected this option instead. Despite the overall choice of market frequency being three days per month, in selecting the preferred days of operation the vast majority of respondents (63%) were in favour of a weekend market on Saturday and Sunday. The third most popular day was Wednesday, with a substantially smaller majority (11%), and amongst the respondent groups including businesses this majority was split even further between Wednesday and Thursday.

The results of the initial consultation helped to inform the decision as to whether a pilot market should be tested in Streatham, the location, frequency, trading days and commodity mix of the market. Wider public consultation took place during the initial pilot in relation to issues concerning the market and to obtain the opinions of market users. The combined results of consultation were considered in determining whether to pursue development of a permanent market in Streatham.

A separate consultation including local residents was also carried out, in relation to the road closure orders necessary to accommodate the pilot market and the permanent road closure, introduced to facilitate the installation in 2014 of the market infrastructure and creation of a community space extending from Streatham Green.

Binfield Road – Stockwell

Following the publication of the “New Stockwell Square Consultation Findings Report” published in June 2013, Lambeth Council has been working with the Stockwell Partnership to develop a process in relation to the prioritisation and delivery of its findings. One of the key elements highlighted in the New Stockwell Square Consultation Findings Report, was the support for a market to be placed in the newly established Stockwell Square on Binfield Road. Although the consultation communicated the general view of the local community, there was the requirement to establish further details in relation to the establishment of a new market e.g.:

The type of market that was required (i.e. farmers market, Street-food, Second-hand, a mixed commodity market, etc.).

The frequency of the market (i.e. weekly, fortnightly, monthly, etc.) The trading hours of the market

It was recognised that to go back to local citizens and visitors and ask them for their views would invoke a sense of ownership as well as the integration of a market in the local community; the information gathered would also be crucial in the future development of a Market Service Specification.

Lambeth Council’s Enforcement & Business Compliance Delivery Cluster and the Stockwell Partnership developed a questionnaire that engaged respondents personally (face to face) and online. Both parties were keen to ensure that our citizens are placed at the centre of local services as per the Council’s Cooperative ambitions and adopted Street Market Strategy.

There was a healthy response to the survey, which was completed by 249 respondents; 160 responses (65%) were completed via personal interaction, ensuring that the views of those without online access were taken into consideration. A significant proportion (73%) of responses came from local residents 24% from a combination of visitors and non-residents who work in the area and 6 % from local business owners. A significant number of respondents (231 or 92%) indicated that they would like to see a weekend market in Stockwell Square. 73% (175) of respondents opted for a weekly market, followed by 13% (30) opting for a fortnightly market and only 11% (27) of respondents indicated that they would prefer a monthly market. 52 % (123) of respondents indicated that they would prefer a Saturday market and 41% (97) indicated that they would prefer Sunday. The survey findings have only recently been publicised.