PAPER D


Purpose : For Decision

 

Committee :    LICENSING PANEL

 

Date :              15 MARCH 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:   Wayne Vineer

18 Azalea Avenue

Linford

Bordon

Hants

 

trading as: Wayne’s Whippy Ice Cream

 

for: 1 June 2002 to 31 August 2002

 

for the days and times: All days of the week: 1200 hours - 1900 hours

 

for a site: The Parade, Cowes

 

a copy of which is attached.

 

2.        The applicant wishes to offer for sale soft ice-cream, lollies and soft drinks, and the premises are registered with Farnham Council 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 the Council’s Highways and Transportation Department, Wight Leisure, Cowes Business Association, and Cowes Town Council, copies of which are attached. Appendices 1 - 4.

2.        A letter dated 6 February 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 three letters of objection have been received, copies of which are attached. Appendix 5.


LEGAL IMPLICATIONS

 

1.        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.

 

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 £278.00 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.


OPTIONS

 

(a)       To grant the application.

 

(b)       To vary the hours and/or days of the week.

 

(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


Wayne Vineer’s Street Trading Consent file.



ADDITIONAL INFORMATION

 

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

 

2.        There are three other ice cream parlours on or close to the Parade:

 

Paradiso Ice Cream Parlour, 63A High Street Cowes

Solent Ice Cream Parlour, 2 Bath Road, Cowes

Tradewinds, 1 Osborne Court, The Parade, Cowes.

 

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

 

4.        A representative from Highways and Transportation, and Wight Leisure have been asked to attend the meeting to answer any questions Members may have.

 

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


Contact Point: John Murphy, Senior Licensing Officer ☎ 823152.






J Pulsford

Director of Finance and Information and County Treasurer



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