PAPER B

Purpose : For Decision

Committee :    LICENSING PANEL

Date :              17 MAY 2002

Title :              APPLICATION FOR THE VARIATION OF OPERATING TIMES OF A STREET TRADING CONSENT

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

SUMMARY/PURPOSE

To consider an application for the variation of the operating times of a Street Trading Consent

BACKGROUND

The Panel will be aware that at a meeting held on 2 May 2002 the above application for variation was deferred until 17 May 2002 after the Panel were made aware that legal proceedings had been instigated by the objector against the applicants. This would allow the Panel to be updated on the initial legal action proceedings with regard to an interlocutory injunction in respect of the market times.

1.        An application has been received for the variation of the setting up and opening time of the Street Trading Consent issued in respect of the Sunday Market held in the High Street, Sandown.

from : Ian Wellham and Helen Matthews of Sandown Town Council

for : the period ending 31 December 2002

for the days and times : Sundays only: setting up at 0800 hours to commence trading at 0900 hours until 1530 hours to be cleared by 1700 hours

for a site : High Street, Sandown on the North side of the High Street from its junction with Victoria Road to its junction with Albert Road

Relevant correspondence in relation to the application is attached as Appendix 1.

The current operating times are : Sundays only: setting up at 0900 hours to commence trading at 1000 hours until 1530 hours to be cleared by 1700 hours

2.        The Panel are aware that the above times were agreed at a meeting of the Licensing Committee on the 21 February 2000 after hearing all available evidence. A copy of the report and minute is set out at Appendix 2.

3.        The applicants wish to offer for sale market trading goods.

4.        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.        The Hampshire Constabulary have confirmed that they have no objection to this application, and a copy of their response is set out at Appendix 3.

2.        The application has been advertised in the Isle of Wight County Press, and one letter of objection and one letter of support has been received, copies of which are attached at Appendix 4.

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.        Crime and Disorder implications appear to be Road Safety matters that may lead to public order offences.

3.        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.

4.        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.

OPTIONS

(a)       To grant the application.

(b)       To vary the hours.

(c)       To vary the location.

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

(e)       To refuse the application.

RECOMMENDATIONS

Members instructions are requested.

BACKGROUND PAPERS

Sandown High Street Street Trading Consent file.

ADDITIONAL INFORMATION

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

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

3.        Copies of any objections and comments have been sent to the applicants who have 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