MINUTES OF A MEETING OF THE LICENSING (DETERMINATIONS) SUB COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT, ON MONDAY, 11 JUNE 2007 COMMENCING AT 10.00 AM

 

Present :

                       

Cllrs    Susan Scoccia (Chairman), Mike Cunningham, David Whittaker

 

 

 


27.             MINUTES

 

RESOLVED :

 

THAT the minutes of the meetings held on 22 May 2007 and 25 May 2007 be confirmed.

 

28.             DECLARATIONS OF INTEREST

 

There were no declarations made at this stage.

 

29.             REPORTS OF THE HEAD OF CONSUMER PROTECTION

 

(a)               To Consider an Application for a Street Trading Consent

 

Consideration was given to Paper B the report of the Head of Consumer Protection, providing details of applications for the Grant of Street Trading Consent in accordance with the Local Government (Miscellaneous Provisions) Act 1982, Schedule 4 Street Trading.

 

A schedule of any additional representations, received after the printing of the reports, was submitted to Members prior to the consideration of each relevant application.  Members noted that a record to this effect would be contained within the minutes.

 

The Sub Committee followed the agreed procedure, which had been previously circulated to all parties prior to the meeting.  After the hearing of each application in turn, the Sub Committee presented the following decisions and the reasons for those decisions.

 

RESOLVED:

 

THAT upon receiving the reports of the Licensing section, oral and/or written evidence from the applicant, interested parties and/or responsible authorities and having regard to the Local Government (Miscellaneous Provisions) Act 1982, Schedule 4, Street Trading, the applications be determined as detailed below:

 

Decision Ref

3 (07/08)

 

Application:

An application for the grant of a Street Trading Consent submitted by Miss Nina Elphick.

 

Details:

The proposed dates of trading are Monday – Sunday for a three month period from the date of grant.

 

Setting up from:              08:30 hrs

To start trading from:      09:30 hrs

End of trading:                16:30 hrs

Cleared up by:                17:30 hrs

 

The roads requested are :

 

Cowes - Love Lane, Ash Grove, Elm Grove, Arnold Road, Shamblers Road, St. Faiths Road, Maxted Road, Seaview Road, Park Road Recreation ground, Baring Road, Egypt Esplanade and Ward Avenue.

          

           Northwood - Venner Avenue.

          

Parkhurst - Hogan Road, Rooke Street and Partridge Road.

 

Public Participants:

Miss Nina Elphick (Applicant)

 

Mr Paul Fuller, Chairman of Northwood Village Management Committee (Objector)

 

Additional Representations:

None.

 

Comments :

Councillor David Whittaker asked that his objection to the application be minuted.  His concern was that the Isle of Wight Council had Policies in place ‘Every Child Matters’ and a ‘Healthy Eating Guide’.

 

Reasons for Decision:

In reaching the decision the Sub Committee had regard to the Human Rights Act 1998, and in particular Article 1 of the First Protocol, Article 8 and Article 6.

 

There was no direct right of appeal against the decision but if anyone was dissatisfied they did have the right to judicially review the decision.

 

Resolution:

Upon receiving the report of the licensing section, oral and/or written evidence from the applicant and objectors, and having regard to the Isle of Wight Council’s Street Trading Policy adopted in 2004, the Sub Committee hereby grant the Street Trading Consent from a mobile ‘tuck shop’ in accordance with the application.

 

 

 

 

CHAIRMAN