Agenda item

(B)    Illegal Street Trading – to consider proposals concerning enforcement activity relative to illegal street trading.

For Decision

23 February 2018

(B) Illegal Street Trading

At the Port Health and Environmental Services Committee of 21 November 2017, Members agreed that the City Corporation should enter a Section 101 (s.101) Agreement with the London Borough of Southwark, which would allow City Corporation officers to take enforcement action against illegal street traders on the area of Millennium Bridge that falls within the London Borough of Southwark. It was further agreed that, if officers were to negotiate a similar agreement with the London Borough of Tower Hamlets, they had the Committee’s permission to enter into a s.101 Agreement with the Borough.

Subsequent to this meeting, the Comptroller and City Solicitor had advised that the entering into of s.101 agreements should be authorised by the Court of Common Council and that the Scheme of Delegations would need to be amended, delegating the new enforcement functions to Port Health and Environmental Services Committee and specified chief officers. Those delegations would be subject to the s.101 agreement(s) being entered into.

The Court was therefore recommended to grant these requisite authorities and approve the necessary amendments to the Scheme of Delegations.

Resolved – That:-

·      Authority be granted for the City of London Corporation to enter into agreement(s) with the London Borough of Southwark under s.101 of the Local Government Act 1972, to enable each authority to discharge the other’s street trading enforcement powers in defined areas;

·      Authority be granted for the City of London Corporation to enter into an agreement with the London Borough of Tower Hamlets under s.101 of the Local Government Act 1972, to enable the City of London Corporation to discharge Tower Hamlet’s street trading enforcement powers on the northern half of Tower Bridge once a suitable arrangement has been reached; and,

·      Subject to the agreement(s) being entered into:

(i)       the street trading enforcement functions in sections 34, 38, 38A, 38B and 38C of the London Local Authorities Act 1990 as amended (LLAA 1990) be delegated to be discharged by the City of London Corporation to the Port Health and Environmental Services Committee, including any decision as to whether the s.101 arrangements should be discontinued;

(ii)      the Director of Markets and Consumer Protection be delegated power to (a) institute proceedings and other enforcement remedies in sections 34, 38, 38A, 38B and 38C in respect of street trading offences under the LLAA 1990 as amended, and (b) authorise duly appointed officers to act under that enactment; and

(iii)     the Director of the Built Environment be delegated powers to (a) institute proceedings and other enforcement remedies in sections 34, 38, 38A, 38B and 38C in respect of street trading offences under the London local Authorities Act 1990 as amended, and (b) authorise duly appointed officers to act under that enactment. 

The requisite amendments to the Scheme of Delegations be approved, as set out in paragraph 7 of the report.