Local councillors are to write to Pembrokeshire County Council to ask them to consider introducing a bye-law to finally eradicate ‘nuisance street traders’ that cause obstruction in areas of Tenby.

Councillors in Tenby met with PCC’s legal representative, Rhian Young, and also the authority’s street care manager, Marc Owen, and senior traffic engineer, Ben Blake, last week to discuss how to take the matter forward in trying to tackle ‘service providers’ and ‘street traders’ that cause a ‘nuisance’ in the town.

Pembrokeshire Coast National Park Authority’s director of park direction and planning, Jane Gibson, was also present at the meeting.

The Mayor, Clr. Laurence Blackhall, explained that the meeting had been requested to look at issues relating to people operating on the streets of the town who were classed as ‘service providers’ and not therefore covered by legislation relating to either street traders or pedlars.

He said that the main concerns were obstruction, visual impact and the growing numbers of operators which created a low grade image of the town.

Clr. Blackhall said that there was no reason to debate whether or not they wanted these operators on the streets as there was a clear signal from all members of the community that this was something that was a problem that either needed prevention or control, to finally resolve this long standing issue.

He felt that some of the stalls that were classed as ‘service provider’ such as tattooists and hair braiders, were selling goods too and were trading rather than providing a service.

The Mayor admitted that at the moment the only route for any form of control seemed to be if they were causing an obstruction (enforceable by the police), but there was an ambiguous legal position as, during pedestrianisation in the summer months, it was harder to enforce obstruction due to the amount of available space.

The town clerk, Andrew Davies, reminded the meeting that the legislation controlling street trading did not encompass these operators, therefore county councils who licence street trading, had no legal means of control or enforcement.

He pointed out that local AMs and MPs had advised that some county, city and borough councils had got around this by introducing a private members bill to parliament to amend the legislation in their particular area, but this was a costly process.

Councillors outlined concerns, especially with activities around and blocking the Five Arches which adversely affected one of Tenby’s iconic images and also Tudor Square.

Clr. Paul Rapi mentioned ropes and photos displayed on the Five Arches and the church railing which he felt was discourteous, whilst Clr. Mrs. Christine Brown spoke of the amount of money invested into the enhancement of Tudor Square only to have these operators come and cheapen the outlook of the centre of the town.

Clr. Blackhall added that one operator had even set-up in front of St. Mary’s Church and refused to move even though a s funeral was scheduled to take place there.

Mr. Owen said that there had been some control brought in over operating within the Five Arches as PCC and the police had acknowledged there were potential disorder issues due to the number of traders there.

PCC’s legal representative Rhian Young told the meeting that the selling of goods was covered by legislations but service providers were not. Also there had been a revision to the Pedlars Act in line with EU Service Directive 2009 which had removed providing ‘skill and handicraft’ from the definition of the activities of a pedlar which meant that this act could no longer be used to bring in some form of control of this type of activity.

PCC would have to comply with all regulations and all options would need to be carefully considered as the legislation introduced needed to be robust enough to withstand a potential judicial review.

She said that a bye-law could be the cheapest option, which could be brought in to control ‘nuisance’ but there had to be robust evidence that these operators were causing a nuisance.

It was pointed out that even if PCC’s cabinet agreed with the introduction of a bye-law, it would take time as officers would also have to devise an implementation and enforcement policy.

Mr. Owen asked how much evidence there was that the operators were causing a problem, stating that there had only been one formal complaint to his department last summer which had been resolved. Clr. Rapi said it was a situation that had been ongoing for 14 years that the town council had been trying to resolve, and that if evidence was needed, then they would provide it.

It was suggested that in addition to considering a byelaw, the town could also look at making it less inviting for these operators by reducing the space they have by increasing licensed traders and street furniture.

Clr. Mrs. Brown reiterated for the reintroduction of a street market to fill Tudor Square during busy times in the season.

Members of the town council agreed to formally request that the county council consider the introduction of a bye-law indicating why it is needed together with supporting evidence.