Council leaders have stubbed out plans to ban traders from smoking or vaping on market stalls as leaders felt it was ‘unreasonable’ and ‘encroached on human rights’.
The leaders were discussing a consultation on the future of the town’s historic market.
The suggestion to ban smoking and vaping from the market was suggested by students from Boston Grammar School, Haven High Academy, Giles Academy and Boston High School, during a recent consultation.
It was originally recommended the ban be adopted into the Market Place Policy by the authority’s Environment and Performance Committee in July.
However, Town Centre Portfolio Holder Nigel Welton at Cabinet on Wednesday, asked for it to be removed.
He said: “I don’t believe we have a reasonable enforcement procedure in place to deal with that and I don’t believe that removing someone from the market which is our only way of enforcing the policy is a reasonable thing.
He said traders had no issue with the policy, but added: “I feel if we are going to have something in our policy we can’t enforce without using a sledgehammer then we shouldn’t have it.
“Customers will enforce that – if somebody is selling goods and they have a fag-end hanging out their mouth then customers will make their own decisions.”
Finance portfolio holder Aaron Spencer agreed, saying a ban could also prevent others from selling their products.
“Not just for the fact we can’t police it, we shouldn’t be encroaching on human rights like that if they want to smoke on their market stall they’ll accept some customers, it’s a market it’s not for us to say what they what they should be doing on it if they want to smoke in front of customers they should be allowed to.
“If you have got the man with the vape stall demo-ing his e-cigarettes to people you’re essentially saying he can’t do his business which is not something this council should be doing.”
Other changes to the Market Policy adopted by the council include removing a tenant mix to allow more traders selling the same items and allowing for casual traders to be allocated available pitches.
The cabinet agreed to adopt the rest of the policy, and also to look into the introduction of a welcome archway which was previously called ‘bonkers’, the ‘cultural’ offering of the market, supporting student stalls during school holidays and increasing the size of signage around the school.
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