Overview
The complainants (Mr and Ms C) operate a movable food unit (the Unit) in an area (the Area) where The City of Edinburgh Council (the Council) issue street traders' licences. When Mr and Ms C applied to renew their annual street trader's licence, they were told that the street trading policy for the Area had changed and that only temporary licences could be issued. Mr and Ms C complained that the Council had changed the street trading policy without consulting them. They also complained that they had been charged non-domestic rates as well as street trader's licences, contrary to street trading legislation, and that the handling of the temporary licence applications was inadequate. Mr and Ms C were also unhappy about the Council's delay in dealing with their complaint.
Specific complaints and conclusions
The complaints which have been investigated are that:
- (a) the Council changed their policy regarding street traders' licensing in the area where Mr and Ms C operate without consulting them (upheld);
- (b) Mr and Ms C were inappropriately charged for both non-domestic rates and street trader's licences (upheld);
- (c) the handling of the temporary licence applications was inadequate (upheld); and
- (d) the Council delayed unreasonably in dealing with the complaint (upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) ensure that full written consultation is undertaken with those directly affected by any proposed change to street trading policy in future;
- (ii) remind staff involved in drafting reports to Council committees of the importance of ensuring that accurate information is presented;
- (iii) reimburse Mr and Ms C for the cost of the two temporary licence applications and take steps to ensure that information provided to applicants is clear and accurate;
- (iv) ensure that when officers are making a recommendation to the Licensing Sub-Committee to refuse a temporary licence application, the reasons for recommending refusal are clear and consistent;
- (v) ensure that, when a decision is made to refuse a temporary licence application under paragraph 5(3)(d) of Schedule 1 of the 1982 Act, the Council provides an adequate explanation for the 'good reason' which justified the refusal to the applicants;
- (vi) remind staff within the licensing department of the Council's stated timescales for responding to complaints and the importance of keeping the complainant updated if there is to be a delay in responding to a complaint; and
- (vii) apologise to Mr and Ms C for the failings identified in this report.
The Council have accepted the recommendations and will act on them accordingly.