Summary: Mr X complained the Council revoked his street trading licence without giving him a right of reply. The Council used its professional judgement to revoke the licence and there is no evidence of fault in that process. The Council’s legal department dealt with Mr X’s representations about this matter which is appropriate as Mr X indicated he would take legal action.

The complaint

1. Mr X complained the Council revoked his street trading licence without giving him a right of reply.
2. Mr X says the Council acted disproportionately and affected his ability to earn money.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Key facts

7. This section sets out the key events in this case and is not intended to be a detailed chronology.

8. Mr X applied for and was granted a temporary street trading licence. The information provided indicates the licence was granted to sell lifestyle magazines.
9. Mr X was selling items at a market using his temporary licence. A market officer observed what Mr X was selling and took the view his licence should be suspended. Enforcement officers approached Mr X and asked him to cease trading and to leave the market. Mr X says he was forced to leave the pitch and no compensation or apology was offered.
10. Mr X contacted the Council saying that he was raising both a complaint and issuing a letter before action. He indicated that further legal action would be taken against the Council if it failed to address the issues to his satisfaction. Mr X said he was making a formal request for council staff and enforcement officers to cease their campaign of harassment against him and his staff and to reinstate the suspended street trading licence.
11. Mr X said there was some confusion around what he was selling and he felt officers did not listen to him. He said that not all the magazine stock was present and he was using the day as a tester. Mr X says he told officers there was a digital version of the magazine and that the print version would be available the next day.
12. The Council passed the matter to its legal department to respond. It said that Mr X had set up a pitch with religious leaflets and literature. It said two other people, associated with Mr X, were observed wandering around the area and asking for financial donations. The Council said Mr X was asked to leave the market on the basis he had obtained the licence under false pretences and he was not selling the items he was licenced for.
13. The Council said it had suspended Mr X’s licence and that it would not issue another pitch for him to trade from. It said that Mr X had not paid for the pitch and it would not chase him for payment if he agreed to cease escalating the matter.

Analysis

14. Mr X was granted a temporary street trading licence and the Council granted a pitch to enable him to trade. The licence comes with conditions and specifies what items can be sold. The Council has the right to suspend the licence if there are breaches of the conditions.
15. I am satisfied the Council observed Mr X on the day he was trading and used its judgement to take the view Mr X was in breach of the licence as he was not selling a lifestyle magazine. This is a matter of professional judgement for the Council. While I appreciate Mr X disagrees with the decision reached, a difference of opinion is not evidence of fault. I have not seen any evidence to suggest fault in the process leading to the decision to suspend the licence.
16. Mr X complains there is no right of reply regarding the suspension of his licence. The Council has explained that there is no right of appeal against a decision to revoke or suspend a temporary licence. I appreciate that may be disappointing to Mr X but I cannot conclude there is fault.
17. Mr X has made representations about the suspension which the Council responded to. As Mr X indicated he was considering legal action, the Council did not consider the matter through its complaints process but instead referred it to its legal department to respond. I will not criticise this because I consider it was an appropriate response to the representations made and the Council has provided a proportionate response to the points raised.
18. There is no evidence of fault by the Council. I note the Council has not pursued Mr X to pay for the pitch and there is no evidence Mr X has taken legal action.

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Decision

19. There is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman