Edinburgh streets: Council to crack down on shops displaying goods for sale on pavement

The law says anyone who displays goods for sale by placing them in, or hanging them over, a footway or footpath is committing an offence.

Enforcement was relaxed during Covid and, according to the council, a lack of resources meant the matter was not prioritised in the years that followed.

Goods for sale are displayed outside many shops on the Royal Mile | TSPL

But now it says the number of retailers putting goods out on the pavement has increased - and it plans a "more pro-active model of enforcement".

A report to the transport and environment committee says: "Officers have observed an increase in the number of retailers utilising the publicly adopted footways to the front of their businesses to display goods for sale.

"This has led to concerns being raised about the impact that display of goods for sale has on pedestrian accessibility, particularly for people with mobility or visual impairments, and for carers with young children and pushchairs.

"Concerns have also been raised about the effect that the display of goods for sale has on the look and feel of the city’s street environment, particularly in areas of cultural and historic significance."

The report says council officers will approach retailers who are displaying goods on the pavement, explain the law and give them "verbal warning" letters asking them to remove the items by the end of the day.

If the displays remain, a statutory notice will be issued, requesting the items are removed within seven days.

The law says anyone putting goods for sale on display on the footway is committing an offence | TSPL

The report notes: "Failure to comply with the legislation can result in goods being confiscated and the trader being charged for any expenses ‘reasonably incurred’ in confiscation and storage of said goods. Non-compliance can also result in a fine of up to £1,000 through court action."

The report acknowledges the crackdown is "likely to be unpopular" with retailers. It says a review of the Old Town, which it describes as the most affected area, suggests that enforcement action there would affect mainly tourist retailers. But in other areas of the city, small grocery stores and florist shops are the most likely to be hit.

The report admits: "There is an argument that the display of goods for sale can add to a street’s vibrancy and encourage dwell time within our retail areas, encouraging economic activity within the city."

But it concludes that failing to manage or enforce the display of goods for sale on the pavement will lead to further infringements and a reduction in safe footway space for vulnerable users.

Committee convener Stephen Jenkinson said: "There have been a number of complaints to the council that footways are being obstructed by shops putting postcard stands, rails of clothes and so on out on the street.

"A lot of the pavements are not wide enough at the best of times. Certainly in the Royal Mile, which has a lot of people using it, it is sometimes a problem, especially in the summer.

"This is about enforcing the rules that have always been there but were relaxed during Covid. It's just returning the pavements back to pedestrians which is what they should be.

"But we hope by having a word with retailers, we can get behavioural change between now and the summer. No-one wants to be fining people or confiscating goods."