Licensing Sub Committee Minutes

23. ELECTION OF CHAIRMAN

RESOLVED :

THAT Cllr David Whittaker be elected Chairman for the day.

24. MINUTES

RESOLVED :

THAT the minutes of the meeting held on 22 February 2007 be confirmed.

23. DECLARATIONS OF INTEREST

Cllr Susan Scoccia declared a personal interest in Minute 26 - Application for the grant of a Street Trading Consent for a market to be situated in High Street, Sandown, Isle of Wight - as she knew the person speaking on behalf of Sandown Town Council.

Cllr David Whittaker declared a personal interest in Minute 26 - Application for the Grant of a Street Trading Consent for a market to be situated in St James’ Square, Newport, Isle of Wight - as he knew the applicant and one of the supporters.

Cllr Lady Pigot declared a personal interest in Minute 26 - Application for the Grant of a Street Trading Consent for a market to be situated in St James’ Square, Newport, Isle of Wight - as she knew the applicant and one of the objectors.

24. REPORTS OF THE HEAD OF CONSUMER PROTECTION

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	8 (06/07)
Application:	Application for the grant of a Street Trading Consent submitted by Cllrs Jacqueline Mereweather and Gary Young of Sandown Town Council, Broadway Centre, 1 Broadway, Sandown, Isle of Wight, PO36 9GG for a market to be situated in High Street, Sandown, Isle of Wight.
Details:	The proposed dates of trading are from 4 March 2007 until 23 December 2007. Setting up from: 08:00 hrs To start trading from: 09:00 hrs End of trading: 16:00 hrs Cleared up by: 17:00 hrs The site requested is from the north side of High Street, Sandown from its junction with Victoria Road to its junction with Albert Road.
Public Participants:	Mrs Val Taylor (On behalf of the applicants) Mr Paul Collins (On behalf of the applicants) Mr Tom Clark (On behalf of the objectors) Mr Nick Spyker (Objector)
Additional Representations:	Photographs of the area and brochures were circulated at the meeting.
Comments :	Members were advised that the application was being treated as a new application and not a renewal. The period of time applied for was 9½ months although legislation did allow for up to 1 year. The Council’s Policy stated that a licence may be granted for 3 months for the first year and thereafter for 6 months providing there had been no problems, consent may legally be granted for 9½ months. Members were advised that they could vary the 60 day notice required. No complaints had previously been received in respect of the market. The Committee was advised that if the policy was deviated from they must ensure they were not prejudicing anyone.
Reasons for Decision:	It was a traditional market that had been established for 9 years without major incident. Having considered all the procedural regularities raised at the committee the committee had not heard evidence to suggest undue prejudice had been suffered by any party. The committee noted there had been no reported complaints to the Isle of Wight Council and felt the 8.00 am set up time would not cause a public nuisance sufficient to warrant a refusal. This was however considered a new application and therefore no consent shall allow trade before 10 April 2007. 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 grant of a Street Trading Consent for Sandown High Street submitted by Cllrs Jacqueline Mereweather and Gary Young of Sandown Town Council be approved, in accordance with the application, namely from 10 April 2007 until 23 December 2007.
Conditions:	The consent to restrict hours of trading to Sundays, between 0900 hours and 1600 hours and subject to the conditions previously attached to the 2006 licence save allowing set up at 0800 hours, such consent to allow trading from stalls.
Decision Ref	9 (06/07)
Application:	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 were from Friday, 9 March 2007 and Friday. 16 March 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 if the east side of St James’ Square, Newport in the pedestrian area south of the monument.
Public Participants:	Mr Robin Oulton (Applicant) Mrs Sue Brownrigg (Objector)
Additional Representations:	Additional material was circulated at the meeting due to a variation to the application that was received on 5 March 2007.
Comments :	There was a considerable amount of paperwork that had not been seen as it had only been delivered today. An amendment to the application had been received asking for additional days. Members were asked if they wanted to admit the paperwork as late evidence and proceed with the hearing or to treat as a new application
Reasons for 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.
Resolution:	THAT the Street Trading Consent for St James’ Square, Newport submitted by Vectis Food and Craft be deferred.
Conditions:	All parties agreed that : All comments to the new application were to be directed solely to the Licensing Section of the Isle of Wight Council. No late evidence would be admitted on the day of the meeting.

CHAIRMAN