PAPER C

Purpose : For Decision

Committee :    LICENSING PANEL

Date :              14 MAY 2002

Title :              APPLICATION FOR THE GRANT OF A STREET TRADING CONSENT

REPORT OF THE STRATEGIC DIRECTOR OF FINANCE, INFORMATION AND COUNTY TREASURER

SUMMARY/PURPOSE

To consider an application for the GRANT of a Street Trading Consent.

BACKGROUND

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

           from :  THOMAS YARWOOD, 44 HALLWAY DRIVE, SHILTON, COVENTRY

           for :     14 DAYS COMMENCING 28 JULY 2002

           for the days and times :          ALL DAYS: 1000 HOURS – 2000 HOURS

           for a site :       ESPLANADE, COWES

a copy of which is attached.

2.        The applicant wishes to offer for sale soft ice cream, lollies and slush, and the premises are registered under the Food Premises (Registration) Regulations 1991.

3.        When determining the application Members may wish to take into account the following :

           (a)       noise to local residents

           (b)       litter

           (c)       smell

           (d)       road safety

           (e)       comments from Members, Police, Parish or Town Councils and Business Associations.

OUTCOME OF CONSULTATIONS

1.        Comments have been received from Wight Leisure and Cowes Town Council, copies of which are attached (Appendix 1).

2.        A letter dated 13 March 2002 has been sent to the Local Councillor, however, at the time of writing the report no comment had been received.

3.        The application has been advertised in the Isle of Wight County Press, and no letters of objection have been received.

4.        The Hampshire Constabulary have confirmed that they have no objection to this application.

LEGAL IMPLICATIONS

1.        The Panel must consider 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. At present I am not aware of any implications.

2.        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.

3.        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.

FINANCIAL IMPLICATIONS

1.        An application fee of £120.38 has been received.

2.        Should the application be refused the Council has a duty to refund part of the licence fee. However, I recommend, in that event, that at least £50.00 should be retained to cover administration costs.

OPTIONS

(a)       To grant the application.

(b)       To vary the hours.

(c)       To vary the location.

(d)       To grant the consent for a lesser period.

(e)       To refuse the application.

RECOMMENDATIONS

Members instructions are requested.

BACKGROUND PAPERS

Mr Yarwood’s Street Trading Consent file.

ADDITIONAL INFORMATION

1.        A plan of the site and surrounding area is attached to this report.

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

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

Contact Point : John Murphy, Senior Licensing Officer ( 823152

                                                                             JOHN PULSFORD

                                                                              Strategic Director

                                                                         Finance and Information