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Which dept at the council deal with shops breaking the terms of their agreed trading???

22 replies

CovidCorvid · 06/07/2021 09:40

Not even sure if I'm explaining this well. Local shop is not allowed to have deliveries before 7am. They know they're not and have told their own lorries not to come (it's a small tesco).

But they get non tesco lorries coming before 7am. They say they can't do anything about their suppliers coming at 6am, 5am, etc and it's out of their control!

Is it environmental health? Noise complaint dept?

OP posts:
LIZS · 07/07/2021 17:44

Planning?

CovidCorvid · 07/07/2021 18:35

Thank you I found a generic email contact for the council and have sent it to them. Planning have replied back saying there’s no such planning restrictions for that specific shop so are passing it to noise nuisance. I’m sure I read years ago there’s a National legal thing about shop deliveries so need to do some more digging on that but hopefully the noise nuisance team will help.

OP posts:
lachy · 07/07/2021 18:38

Environmental Health at my Council would deal with this as a noise nuisance.

Grainjar · 07/07/2021 18:39

Licensing I'd say

howmuchistoomuch2021 · 07/07/2021 18:40

Trading standards

Sparklingbrook · 07/07/2021 18:41

It sounds like it's the suppliers that are breaking the rules. but if people want fresh bread and milk on the shelves then the deliveries are going to be early in the morning for opening I guess.
Are the lorries branded? Could you contact the suppliers?

Grainjar · 07/07/2021 18:43

Years ago I remember Licensing colleagues dealing with this. I think their trading licence will have "rules" covering things like this, but I'm not 100% sure.

ZoBo123 · 07/07/2021 18:45

How do you know the local shop is not allowed deliveries before 7. I previously worked in planning enforcement and this is something that we would deal with as a breach of planning conditions so would think the planning department would know. I would also contact environmental health if there is excessive noise

Thunderpunt · 07/07/2021 18:47

I think licensing Dept too

newnortherner111 · 07/07/2021 19:03

Take registrations, ask the police to check they are having proper breaks during their journey. If they are habitually early and driving overnight, this is a possibility.

RJnomore1 · 07/07/2021 19:03

Yep licensing

AC2022 · 07/07/2021 19:06

Find out who your local councillor is and contact them directly, if it’s an issue in their ward they should help you resolve it. From experience it’s more effectively dealt with than going directly to a council officer.

CovidCorvid · 07/07/2021 19:09

www.gov.uk/government/news/new-measures-on-night-time-deliveries-to-supermarkets-to-support-coronavirus-response

Well I’m not sure if the shop is allowed deliveries before 7am or not. But I have read somewhere that as a National rule they’re not allowed to. When I last spoke to Tesco head office they said they weren’t allowed to have deliveries before 7am. The above document talks about how in non covid times supermarkets aren’t allowed to have nighttime deliveries…..but I can’t find that legislation or any actual cut off times mentioned.

OP posts:
Grainjar · 07/07/2021 19:23

I'll be on the actual licence. It varies. In a residential area they probably wouldn't be allowed anti social delivery times waking up the neighbours. But on a trading estate it might be ok. There'll be a licence holder, but possibly a dept at Tesco. Licensing will get onto them if there's a valid complaint. Film it with your phone and when you get a response from the Council, you can email it over.

howmuchistoomuch2021 · 07/07/2021 19:25

Yeah sorry, didn't read the op properly before replying, only the title 😳 on reflection id say licensing too

HeartShapedBalloon · 07/07/2021 19:31

I suspect the rule will vary from council to council and will be dependant on whether the store is located in a residential area or industrial estate. I work in a shop that's in a residential area and we are permitted to have deliveries before 7, and often bread and papers are there by 6am. I'm in Wales.

Grainjar · 07/07/2021 19:56

It varies from premises to premises. Each licence is applied for individually and all sorts of people are involved eg police, Planning, sometimes neighbours are consulted. Then a decision is made with a set of requirements. Licensing have a big database with the terms and conditions of each licence.

Sparklingbrook · 07/07/2021 20:04

@newnortherner111

Take registrations, ask the police to check they are having proper breaks during their journey. If they are habitually early and driving overnight, this is a possibility.
I think OP is referring to local, smaller deliveries. Not the huge Tesco delivery. Possibly newspapers and bread/milk that needs to arrive early.
Orf1abc · 07/07/2021 20:13

There is no national regulation on this (assuming you're in England, I don't know about the rest of the UK). Local environmental health and planning teams can enforce conditions on individual stores, for instance where they're in a residential area. These conditions are usually a part of the initial planning consent, but the store can apply to vary them in the future.

As an example, the supermarket in my town is permitted to have three deliveries before 7am, but these must be at the front of the store not the delivery yard at the back, to minimise disruption to local residents.

RestingPandaFace · 07/07/2021 20:17

Definitely no National restriction. Most papers, milk and bread deliveries are delivered well before 7am.

It will be licensing at the council you need.

Sparklingbrook · 07/07/2021 20:22

Our local Tesco Express opens at 6am. In order to have newspapers and fresh bread on the shelves by then the deliveries would have to be early so I don't know a way around that.

TakeYourFinalPosition · 07/07/2021 20:22

There is no national regulation on this (assuming you're in England, I don't know about the rest of the UK). Local environmental health and planning teams can enforce conditions on individual stores, for instance where they're in a residential area. These conditions are usually a part of the initial planning consent, but the store can apply to vary them in the future.

This ^.

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