PAPER B
Purpose: For Decision
Committee
: LICENSING SUB-COMMITTEE
Date :
Title : TO CONSIDER AN APPLICATION
FOR A STREET TRADING CONSENT FOR VECTIS FOOD AND CRAFT, St JAMES’ SQUARE,
NEWPORT
REPORT
OF THE HEAD OF CONSUMER PROTECTION
1.
To invite the Licensing Sub-Committee to
consider an application for a street trading consent for a market to be situated
in St James’ Square, Newport, Isle of Wight.
1.
An
application (appendix 1) for the grant of a
street trading consent has been received from:
Vectis Food and Craft
Middle Barn
Horringford
Nr Newport
PO30 3AP
2.
The
application was received on
3.
A
letter to amend the original application was also received on 5 march 2007 (Appendix 2)
4.
The
proposed dates of trading are each Friday from
5.
The proposed
operating times are:
Setting up from:
To start trading from:
End of trading:
Cleared up by:
6.
The
site requested is the east side of
BACKGROUND
7.
A
meeting of the Licensing Sub-Committee was held at
8.
At the
start of the meeting an addendum to the report was submitted to the
sub-committee presenting an alteration to the original application and the
submission of late evidence.
9.
Immediately
prior to the meeting of the sub-committee, additional material was delivered to
the Senior Licensing Officer.
10.
The
sub-committee were asked to consider:
(a)
A
further amendment to the application in respect of operating dates and
(b)
The
admission of late evidence.
11.
Members
resolved that the application should be treated as a new application and
further resolved to defer the hearing until further consultation had been
conducted in respect of the additional information and variation.
12.
Members
also resolved that no late evidence would be admitted on the day of the
meeting.
13.
This
is an application for a new street trading consent.
14.
A
street trading consent has not been previously been granted to Vectis Food and
Craft in respect of a market at
15.
An
existing street trading consent has been granted to Mrs. Mare Case in respect
of the Island Farmers Market which operates on Fridays in
16.
The
Island Farmers Market operates to the following times:
Setting up from:
To start trading from:
End of trading:
Cleared up by:
17.
The
market offers and sells vegetables, fish, meat, honey, preserves, crafts and
horticultural products.
18.
Both
markets will be in competition by selling similar produce.
19.
20.
An
application was granted for ice cream sales in
STRATEGIC CONTEXT
21.
The decision to grant a street trading consent
accords with the Corporate Plan and the Environmental Health Service Plan
2006-2007.
22.
The Isle of Wight Council Street Trading Policy
(The Policy) outlines the groups of people who should be consulted in respect
of an application for a street trading consent.
23.
The policy allows fourteen days from the date of
application in which comments may be received.
24.
The consultation period commenced on
25.
A letter (Appendix 4) was sent to the following:
(a)
Police: Sergeant Mudge; Simon Richardson
(b)
Local Councillor: Cllr J A M D Whittaker (
(c)
(d)
(e)
Highways: Kevin Burton
(f)
Cultural & Leisure: Sean Newton
(g)
Revenues: Nikki Sampson
(h)
Fire: Trevor Moyce
(i)
Environmental Health
(j)
Property owners within 100 metres of the
proposed site
(k)
(i)
The Blue Door, 18A
(ii)
The Early Learning Centre,
(iii)
Top Shop,
(iv)
Milletts,
(v)
Age Concern,
(vi)
(vii)
Alliance & Leicester plc,
(viii)
Bitesize, 24A
(ix)
Capital Jewellers,
26.
Observations have been received from the
following:
(a)
Mr John Fleming, The Blue Door does not object
in principal however raises concerns that his outside seating area should not be
impinged upon.(Appendix 5)
(b)
Mr Colin Boswell objects on the grounds that the
proposed Vectis Food and Craft Market will affect the profitability and
credibility of the existing Farmers market which operates in
(c)
Kathey and Mark Domaille object on the grounds
that the proposed Vectis Food and Craft Market will not assist the consumer’s
choice of buying locally produced food. (Appendix 7)
(d)
Stuart Pierce objects on the grounds that the
proposed Vectis Food and Craft Market will undermine the existing farmers
market by undercutting the existing prices (Appendix
8).
(e)
Graham Pearce objects to the proposed Vectis
Food and Craft Market on the grounds that another market on the same day will
be detrimental to the existing farmer’s market and will cause safety risks in
the street (Appendix 9).
(f)
Sue Brownrigg objects as the chair of the Island
Farmers’ Market on the grounds that
there is already sufficient supply of produce which this application proposes
to supply. Furthermore issues regarding loading and unloading of produce within
a pedestrian area in particular the safety aspects are raised (Appendix 10).
(g)
Health & Safety Officers of the
Environmental Health Department & the Highways Department have been
consulted with regard to the safety aspects raised by Sue Brownrigg and no
concerns have been raised.
(h)
Hampshire Constabulary states there are no
police objections to the application. (Appendix 11)
(i)
Robin Oulton (in his capacity as chairman of Vectis
Food and Craft) presents a briefing note by way of background information in
respect of the existing Island Farmers Market and Vectis Food and Craft. The
letter supports the application and requests the sub-committee not to permit
anti-competitive practices by refusing the street trading consent. (Appendix 12)
(j)
Robin
Oulton (in his capacity as partner in
(k)
Elizabeth Habens of Textile Workshop supports
the application and feels that both markets could run harmoniously. (Appendix 14)
(l)
Mr Gustar proprietor of
(m)
Hayley Elston on behalf of Island Food &
Craft Association, believes that it is not advisable to hold the Island farmers
Market and the VFC Market on the same day as consumers may be confused as to
the origin of goods for sale. (Appendix 16)
(n)
Miss Crocker on behalf of Top Shop states that
the store receives a delivery each Friday morning and the VFC Market will block
access to the front of the store preventing access. (Appendix
17)
(o)
Ruth Illman on behalf of Godshill Organics
believes that the proposed VFC Market will not assist the consumer’s choice of
buying locally produced food and may create confusion for the consumer.
Ms
Illman also objects to VFC Market’s proposal to hold the market on the same day
as the Island Farmer’s Market (IFM) and believes that the authenticity of the
IFM will become diluted if this application is granted. (Appendix 18)
(p)
Les Morris on behalf of Island Fresh Lamb
believes that the proposed VFC Market will not assist the consumer’s choice of
buying locally produced food and may undermine the concept of Farmers’ Markets.
(Appendix 19)
(q)
Sue Thomson on behalf of FARMA has three main
concerns regarding the proposal from VFC Market to be held on the same day as
the IFM.
i)
The long term viability of holding two markets
on the same day.
ii)
The generalised use of the term ‘local produce’
is considered potentially misleading for
customers.
iii)
The accountablility of the proposed market is
considered unclear, unlike the IFM which is checked through FARMA
certification. (Appendix 20)
27.
Broadly, Council expenditure on Licensing
matters and specifically those matters administered and enforced through
Consumer Protection, balances income generated from fees. This arrangement is not expected to change by
virtue of the grant of a street trading consent.
28.
An application for the grant of a street trading
consent is made under Schedule 4 of the Local Government (Miscellaneous
Provisions) Act 1982 (The Act).
29.
Paragraph 1 of Schedule 4 defines a “consent street”
as a street in which street trading is prohibited without the consent of the
district council.
30.
On 20 April 2004 Isle of Wight Council resolved
that for the purposes of street trading all current and future streets, council
car parks, recreation grounds and open spaces along with public parks, gardens,
amenity areas, sports areas, play areas and parking bays adopted by the council
in the Isle of Wight be adopted as “consent streets” with effect from 28 May
2004.
31.
Paragraph 7 of schedule 4 to the Local
Government (Miscellaneous Provisions) Act 1982 sets out the requirements in
respect of street trading consents.
32.
Paragraph 7(1): An application for a street
trading consent or the renewal of such a consent shall be made in writing to
the district council
33.
Paragraph 7(2) Subject to paragraph (3) below,
the council may grant a consent if they see fit
34.
Paragraph
(a)
To a person under the age of 17 years of age; or
(b)
For any trading in a highway to which a control
order under section 7 of the Local Government (Miscellaneous Provisions) Act
1976 is in force, other than trading to which the control order does not apply.
35.
Paragraph 7(4) when granting or renewing a
street trading consent, the council may attach such conditions to it as they
consider reasonably necessary.
36.
Paragraph 7(5) Without prejudice to the
generality of sub paragraph (4) above, the conditions that may be attached to a
street trading consent by virtue of that sub-paragraph include conditions to prevent
(a)
Obstruction of the street or danger to persons
using it; or
(b)
Nuisance or annoyance (whether to persons using
the street or otherwise).
37.
Paragraph 7(6) the council may at any time vary
the conditions of a street trading consent.
38.
Paragraph 7(7) Subject to sub-paragraph (8)
below, the holder of a street trading consent shall not trade in a consent
street from a van or other vehicle or from a stall, barrow or cart.
39.
Paragraph 7(8) The council may include in a
street trading consent permission for its holder to trade in a consent street
(a)
From a stationary van, cart, barrow or other
vehicle, or
(b)
From a portable stall
40.
Paragraph 7(9) If they include such a
permission, they may make they make the consent subject to conditions
(a)
As to where the holder of a street trading
consent may trade by virtue of the permission; and
(b)
As to the times between which or periods for
which he may so trade.
41.
Paragraph 7(10) A street trading consent may be granted
for any period not exceeding 12 months but may be revoked at any time
42.
Local opposition or support (in whatever form)
for a proposal is not in itself grounds for refusing or granting a
43.
There is no right of appeal against the refusal
to grant or refuse a consent or against the revocation or variation of a
consent.
IMPLICATIONS UNDER THE CRIME
AND DISORDER ACT 1998
45.
Members are advised that without prejudice to
any other obligation imposed on it, it shall be the duty of each authority to
which this section applies to exercise its functions with due regard to the
likely effect of the exercise of those functions on, and the need to do all
that it reasonably can to prevent crime and disorder in its area.
IMPLICATIONS UNDER THE HUMAN
RIGHTS ACT 1998
46.
Members are advised that this application must
be considered against a background of the implications of the Human Rights Act
1998.
47.
There are three convention rights, which need to
be considered in this context:
(a)
Article 6 – Right to a fair trial
In the
determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a fair and public hearing within a
reasonable time by an independent and impartial tribunal established by law.
(b)
Article 8 – Right to respect for private and
family life
Everyone
has the right to respect for his private and family life, his home and his correspondence.
In the case of article 8 there shall be no interference by a public authority
with the exercise of this right except as such in accordance with the law and
is necessary in a democratic society in the interests of national security,
public safety or the economic well-being of the country, for the prevention of
disorder and crime, for the protection of health or morals or for the
protection of the rights and freedoms of others.
(c)
Article 1 of the first protocol – protection of
property
Every
natural or legal person is entitled to peaceful enjoyment of his possessions.
In the case of article 1 of the first protocol it states that “no one shall be
deprived of his possessions except in the public interest and subject to the
conditions provided for by the law and the general principles of international
law. The preceding provisions (of which articles 6 and 8 are but 2) shall not
however in any way impair the right of the state to enforce such laws as it
deems necessary to control the use of the property in accordance with general
interest or to secure the payment of taxes or other contributions or penalties.
(d)
The
Licensing Authority acknowledges the right of business in its area to operate,
but equally acknowledges the fact that this must be balanced against the rights
of residents not to be disturbed by unreasonable noise and nuisance caused by
licensed premises. The
committee needs to be clear as to the rights granted and the need to ensure
that the reasons given for any interference are proportionate and in accordance
with the council’s legitimate aim.
44.
It has to be appreciated that there is a
difference between licences and consents; however the members may wish to err
on the side of caution and accept that the committee should consider Article 1
because a licence is normally deemed to be a possession.
45.
The Freedom of Information Act 2000 requires public
authorities to disclose certain information they hold if it is requested
subject to specified exemptions. This includes information contained in responses
to consultations.
OPTIONS
46.
Option 1: The
47.
Option 2: The
48.
Option 3: The
49.
The
50.
The decision of the
APPENDICES ATTACHED
Appendix 1 Application form, Constitution and General
Regulations
Appendix 2 Letter of amendment
Appendix 3 Plan of proposed area (2 pages)
Appendix
4 Consultation Letter
Appendix 5 Objection letter Mr. John Fleming
Appendix 6 Objection letter Mr. Colin Boswell (2 pages)
Appendix 7 Objection letter Mr. & Mrs. Domaille
Appendix 8 Objection letter Mr. Stuart Pierce
Appendix 9 Objection letter Mr. Graham Pearce
Appendix 10 Objection letter Mrs. Sue Brownrigg
Appendix 11 Letter Hampshire Constabulary
Appendix 12 Support letter Robin Oulton (VFC)
Appendix 13 Support letter Robin Oulton (Horringford
Gardens)
Appendix 14 Support letter Elizabeth Habens
Appendix 15 Support letter Mr Gustar
Appendix 16 Objection letter Hayley Elston (IFCA)
Appendix 17 Objection letter Miss Crocker (Top Shop)
Appendix 18 Objection letter Ruth Illman (Godshill
Organics)
Appendix 19 Objection letter Les Morris (Island Fresh Lamb)
Appendix 20 Objection letter Sue Thomson (FARMA)
BACKGROUND PAPERS
Minutes of a meeting of the Licensing
panel held at County Hall,
Agenda and papers for a meeting of the
Licensing panel held at County Hall,
Agenda and papers for a meeting of the
Licensing panel held at County Hall,
Minutes of a meeting of the Licensing panel
held at County Hall,
Addendum to the agenda and papers for a
meeting of the Licensing panel held at County Hall,
None
Contact Point: David Curtis-Botting
Senior Licensing Officer Ext
5155
ROB OWEN
Head of Consumer Protection