The Highland Licensing Committee has considered a report in relation to street traders licence condition 8 and agreed to remove this condition from its standard licence conditions.
The continued use of the condition was reviewed following a recent court decision which made clear that licensing conditions must serve a licensing purpose namely preserving public order or public safety. The existing condition does not serve either purpose.
Condition 8 stated that: "A Street Trader shall not carry on business as such within 150 metres of a shop, restaurant, cafe or takeaway (whilst open) (the distance to be measured in a straight line from the main entrance of the shop, restaurant, cafe or takeaway or, where there is more than one entrance, from the customers' entrance nearest to the street trader's vehicle, stall or pitch, as the case may be) or within 25 metres of another street trader, where the street trader is dealing in goods or services of the same or of a similar class or description as the goods or services provided in the shop, restaurant, cafe or takeaway or by the other street trader, unless he/she has the agreement of the business operating that shop, restaurant, café or takeaway or of the other Street Trader."
The new standard conditions will apply to all new and renewed street traders licences issued from today and the Council will not to pursue any enforcement of this condition on current licences.