Inspection and enforcement of displays, commonly seen outside gift shops across Edinburgh’s Old Town, was relaxed during the pandemic, leading to an increase in the number of traders placing merchandise out on the street.
Concerns over the impact on pedestrian accessibility and the ‘look and feel’ of the capital’s historic streets followed, and in March councillors agreed they should harness existing legislative powers to step up enforcement action.
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Officials said a ‘more proactive’ enforcement model would start with a warning letter to offending retailers. If displays remained, a statutory notice would order their removal within seven days, after which items could be confiscated, with owners facing storage charges and fines of up to £1,000.
The announcement was welcomed by Royal Mile residents like Paul Penman, who has spent “the best part of eight years” urging the council to act.
Mr Penman, a member of Old Town’s community council, said: “I was delighted when the council resolved to tackle this matter.
“But I have become extremely frustrated by the complete failure of Edinburgh Council to do anything about it.
“I made it very clear to the elected councillors at our July meeting that I wanted all of the tat removed from the Old Town before the beginning of the Edinburgh Festival; nothing was done.”
Pavements in the Royal Mile, congestion made worse due to tartan tac outside the shops. How come chairs and tables need a licence and this crap doesn’t? pic.twitter.com/LQhZGu8h8R
— John Mitchell 🏴 (@john_auldtoon) August 13, 2025
Fellow community councillor John Mitchell posted a video during the festivals showing crowds forced to manoeuvre around a large outdoor display on the High Street.
He told The Herald: “The Royal Mile and surrounding Old Town streets on pavement merchandise during Festival time and peak tourist season, especially on narrow pavements such as Bank Street and the High Street opposite John Knox’s House is a dangerous hazard for pedestrians.
“The visually impaired and those with mobility issues are at most risk being forced onto the busy roads. Further it is a magnet for criminals especially those with addictions who have turned the unsupervised on street merchandise into a shoplifters paradise.
“Again the council have taken zero action using the excuse they have no place to store confiscated merchandise.”
Councillor Finlay McFarlane, who represents the City Centre ward, said The Lawnmarket at the top of the Royal Mile was “incredibly dangerous over the August period in-part due to sale of goods on display”.
He pointed out that businesses who want to put tables and chars on the street are required to obtain a permit.
The council said it is still looking for somewhere to store confiscated goods (Image: Supplied) “The area that they are allowed to occupy is limited and controlled,” he said.
“The council banned and enforced a ban on A Boards likewise to improve the experience of pedestrians including those with young children in prams, visual impairments and mobility requirements.
“Businesses do not pay a permit to display goods for sale and indeed currently have no right to do so on pavements, with some limited exceptions for newspaper stands and grocers.
“Months ago the council approved a change in approach and agreed to begin active enforcement.”
Stephen Jenkinson, the council’s transport convener, said officers “have been in discussion with premises where displays are seen to be obstructing the footway and have requested that displays are minimised or removed to ensure that clear passage is maintained for pedestrians”.
He said at present investigations were “still ongoing into appropriate charging and storage facilities for confiscated goods”.
He added: “Once the charging process and storage areas are confirmed, officers will proceed to confiscation of goods where necessary.”
A report to councillors in March said storage of confiscated items “will require a new storage facility”.
At the time, officers were “looking at using a shipping container which could cost in the region of £5,000 – £10,000”.
Questioned by Cllr McFarlane over “when we’re going to begin enforcing our own policy” at a council meeting this week, Cllr Jenkinson said: “I don’t have a specific date” adding: “The policy has been introduced recently.”
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The council has been working with businesses predominantly in the Old Town “to apply a little bit more carrot rather than stick,” he said.
“We’re actually trying to improve the streetscape. But ultimately, if necessary we will take enforcement action if after a relevant amount of time the necessary improvements haven’t been made – that’s something we’ll look at.
“It won’t be a situation where on a particular day we will start enforcing, we want to work with businesses to ensure that the policies we’ve got are well received and implemented correctly, but mindful we don’t want to harm the businesses which are an important part of the [Old] Town’s environment.”
The motion passed by councillors in March agreed to “explore alternative ways of managing display of goods for sale on the street with a view to permitting safe, well managed displays where footway space allows”.
Gold Brothers Group, who it’s understood own or rent at least 18 shops on the Royal Mile, said they are “positively discussing the matter with elected members and council officers”.
A spokesperson for the company told The Herald: “These discussions will hopefully lead to a balanced and sensible way forward for the local authority and all business across the city who have goods outside their premises.”