PAPER B3

Purpose: For Decision

Committee: LICENSING PANEL

Date: 13 JUNE 2003

Title: APPLICATION FOR THE GRANT OF A STREET TRADING CONSENT

REPORT OF THE HEAD OF CONSUMER PROTECTION

PURPOSE/REASON

1. To consider an application for the grant of a Street Trading Consent. (Appendix 1)

DETAILS OF THE APPLICATION/ORDER

2. An application has been received for the grant of a Street Trading Consent

from: Michael Tracey

4 Madeira Row

Cemetery Road

Binstead

Ryde

Isle of Wight

for: three months

for the days and times: all days setting up from 1900 hours to commence trading at 2000 hours – 0330 hours the following morning to be cleared by 0345 hours

a copy of which is attached along with a site plan of the surrounding area.

3. The applicant wishes to offer for sale hot dogs, burgers, hot and cold drinks.

LOCATION AND SITE CHARACTERISTICS

4. The site requested is: outside Colonel Bogeys Nightclub, Sandown, at one of the following sites:

· Bus stop near Taxi Rank

· Slipway opposite Jolly Sailor

· On the road opposite Jolly Sailor

· Car Park opposite Colonel Bogeys

RELEVANT HISTORY

5. Mr Tracey has held a Street Trading Consent for South Street, Newport since October 1997.

6. The current hours for his existing Consent are:

Monday – Saturday: 2100 hours – 0330 hours the following morning

Sunday: 2100 hours – 0030 hours the following morning

7. The Council’s Car Park Section have commented that many years ago a Burger Van traded from Fort Street Car Park illegally and the Council spent a good deal of money and time getting it removed.

COUNCIL POLICY

8. The Council’s Licensing Panel considers all Street Trading Consents for fast food or ice cream.

9. Copies of the objections and comments have been sent to the applicant who has been invited to attend the meeting to answer any questions Members may have.

FORMAL CONSULTATION

10. The Hampshire Constabulary have been advised of the application and copies of their comments are attached (Appendix 2).

11. The Council’s Highways Department have been advised of the application and has advised that they have no objection to the application providing it does not encroach into either the taxi ranks or bus stop bay. They feel that it would be better to locate it off of the Highway to avoid any potential impact with passing vehicles.

12. Wight Leisure have been advised of the application and have commented that they will shortly commence using the bus stop near the taxi rank as an additional stop for the Sandown Road Train during the period 7 June 2003 to 31 August 2003, the train operates until 2100 hours, therefore it would not be possible for the bus stop area to be used until after this time. They have no comments on any of the other proposed sites.

13. The Local Councillor has been advised of the application and a copy of her comments are attached (Appendix 3).

14. The Council’s Legal Services have been advised of the application and have confirmed that they have no comments on this application.

15. The Crime and Disorder Unit have been advised of the application and have advised that their comments are as already stated in Inspector Bell’s letter, the problem of people leaving the club staying in the area because of the van.

16. The Council’s Car Park Section have been advised of the application and would strongly object to the van trading from Fort Street Car Park. They constantly receive complaints from the local residents about the noise and litter. The Parking Order also outlines no trading from Car Parks.

17. The following have also been advised of the application however no comments have been received:

· Fire Safety

· Council’s Food Section

· Town Council

· Sandown Business Association

THIRD PARTY REPRESENTATIONS

18. The application has been advertised in the Isle of Wight County Press, and three letters of objection have been received, copies of which are attached (Appendix 4).

19. The objectors have been informed of the date and time of the meeting should they wish to attend.

FINANCIAL IMPLICATIONS

20. Broadly, Council expenditure on Licensing matters, and in particular those which are administered and enforced through Consumer Protection, balances income received from licence fees.

LEGAL IMPLICATIONS

21. Members are aware that local opposition or support (in whatever form) for a proposal is not in itself grounds for refusing or granting a licensing permission, unless that opposition or support is based upon valid reasons and concerns which can be sustained.

22. Each application should be considered individually so as to comply with the rules of Natural Justice.

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

23. The Committee’s attention is drawn to Section 17 of the Crime and Disorder Act 1998 which requires local authorities to consider the community safety implications of ALL their activities. This is a corporate responsibility of the authority as a whole. Advice will be available during the course of the debate on any matters raised by the applicant or objectors.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

24. Members are advised that this application should be considered against a background of the implications of the Human Rights Act 1998. The report does not include a recommendation, however, reasons have to be given for any decision made by the Panel.

OPTIONS

25. To grant the application for one of the requested sites.

26. To vary the hours.

27. To vary the location.

28. To grant the consent for a lesser period.

29. To refuse the application.