Licensing Sub Committee Minutes

27. ELECTION OF CHAIRMAN

RESOLVED :

THAT Cllr David Whittaker be elected Chairman for the day.

28. MINUTES

RESOLVED :

THAT the minutes of the meetings held on 15 and 16 March 2007 be confirmed.

29. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Cllr Lady Pigot declared a personal interest in Minute 30 (a) - Vectis Food and Craft, St James’ Square, Newport – as she knew one of the objectors.

Cllr David Whittaker declared a personal interest in Minute 30 (a) - Vectis Food and Craft, St James’ Square, Newport – as he knew one of the supporters.

Cllrs Lady Pigot, Susan Scoccia and David Whittaker declared a personal interest in Minute 30 (a) - Vectis Food and Craft, St James’ Square, Newport – as the applicants wife was a member of the council.

30. REPORTS OF THE HEAD OF CONSUMER PROTECTION

(a) To Consider an Application for a Street Trading Consent for Vectis Food and Craft, St James’ Square, Newport

Consideration was given to Papers B and C the reports 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	13 (06/07)
Application:	An application for the grant of a Street Trading Consent submitted by Vectis Food and Craft, Middle Barn, Horringford, Nr Newport, Isle of Wight, for a market to be situated in St James’ Square, Newport, Isle of Wight.
Details:	The proposed dates of trading are each Friday from 20 April 2007 until Friday, 13 July 2007. Setting up from: 07:00 hrs To start trading from: 09:00 hrs End of trading: 14:00 hrs Cleared up by: 15:30 hrs The site requested is the east side of St James’ Square, Newport in the pedestrian area south of the monument.
Public Participants:	Mr Robin Oulton (Applicant) Mr Stuart Pierce (Objector) Ms Sue Brownrigg (Objector) Mr Graham Pearce (Objector) Ms Ruth Illman (Objector) Mr Andy Guster (Supporter) Ms Elizabeth Habens (Supporter) Mr Tony Choser (Supporter)
Additional Representations:	An incorrect version of the Constitution and General Regulations pertaining to the Vectis Food and Craft Association was circulated with the agenda. The correct version had been circulated to all parties prior to the meeting. A letter of objection from Ms Sue Brownrigg had also been omitted and was circulated to all parties prior to the meeting.
Comments :	The Committee and members of the public was reminded that due to additional and late information received at the meeting held on 8 March 2007 that the 60 day consultation period was taken from the date of the original application dated 3 January 2007.
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. Within the historic market town of Newport in this position would not present sustainable public safety reasons for refusal. Members were mindful of the additional market in the locality but did not believe this market would adversely affect it. Members appreciated they had deviated from their own adopted policy but having heard representations believed that no person would suffer undue prejudice. The consent was only for a 13 week period and may be revoked at any time if unperceived risks presented themselves in the future.
Resolution:	Upon receiving the report of the licensing section, oral and 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 for Vectis Food and Craft, for a market to be situated in St James’ Square, Newport, Isle of Wight in accordance with the application.
Conditions:	As per application.
Decision Ref	14 (06/07)
Application:	An application for the grant of a Street Trading Consent submitted by Darren Norcross, Channel View, 109 Gills Cliff Road, Ventnor, Isle of Wight.
Details:	The proposed dates of trading are from 1 April 2007 to 30 June 2007. Setting up from: N/A To start trading from: 09:00 hrs End of trading: 22:00 hrs Cleared up by: N/A The site requested is listed as Appendix B attached to the report.
Public Participants:	Mr Darren Norcross (Applicant) Mrs Norcross (Applicant)
Additional Representations:	None.
Comments :	The Council’s Legal Advisor to the Licensing Committee advised members that he had some concern with regard to the Schedule of the streets that had been requested for consent to trade on. It was an extensive list of roads and whilst a number of representations relating to roads in their parochial areas had been received, members may not have sufficient information in front of them to deal with the application today. Attention was drawn to the policy which had previously been discussed whereby members need to have regard to amongst other things public safety, public order, avoidance of nuisance, needs of the area. The list was a fairy complete list of Island roads and there was some concern with regard to being unable to make a full decision on all the facts without representations from highways and others who may not realise the extent of the schedule. The Committee was told there were two options, either advise the applicant to revise the application concentrating on the areas the applicant would like to trade or to defer to another meeting.
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:	That the application be deferred to enable further discussions between the applicant and the Licensing Department.

CHAIRMAN