Licensing Panel Minutes - 20 February 2004

32. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 3 February 2004, be confirmed, subject to clarification of the proposal regarding any future applications for the grant of a Hackney Carriage Vehicle licence for 6, 7 and 8 seater vehicles.

33. DECLARATIONS OF INTEREST

There were no declarations received at this stage.

34. TO CONSIDER AMENDING THE COUNCIL’S EXISTING SCHEDULE OF CONSENT STREETS AS DEFINED BY THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982, SCHEDULE 4

Members were reminded that the Council currently applied measures under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 to control street trading and were able to take any necessary legal actions against illegal street traders. Regulation was carried out by way of a list of designated streets where street-trading consents could be issued, subject to the discretion of the Council. Anyone found trading in a “consent” street, without a street-trading consent, would be guilty of an offence. The report of the Head of Consumer Protection was received which set out proposals to amend the Council’s existing schedule of “consent” streets (attached as an appendix to the report) which would provide for regulation of the sale of motor vehicles and any other article (including a living thing) Island wide.

The Panel gave consideration to the proposed recommendations to designate all current and future streets, council car parks, recreation grounds, open spaces along with all public parks, gardens, amenity areas, sports areas, play areas and parking bays adopted by the Council, as “consent” streets. Members were advised that should they be so minded as to approve the draft resolution, a notice of intent had to be published in a local newspaper and a copy of the notice also served on the Chief Officer of Police for the Isle of Wight. Representations relating to the proposal had to be made within a period of not less than 28 days, after publication of the said notice.

The Panel noted the positive responses to the proposals from the Isle of Wight Fire and Rescue Service, the Hampshire Constabulary, the Council’s Highways and Transportation Department and the Engineering Services Department.

All Parish Councils, Town Councils, Forums and members of the IW Council had been consulted and their responses were reported to the Panel.

Members were referred to the financial implications due to the additional costs in providing rigorous enforcement, particularly when the proposals were initially implemented, and were assured that there would be no extra cost to the Council Tax payer.

The Council’s Senior Solicitor explained in further detail the implications under the Human Rights Act, particularly as there would be no right of appeal against the refusal to grant or renew a consent, or against the revocation or variation of a consent. The proposed policy was not intended to prevent one-off situations but aimed to prevent illegal street-trading or street-trading on a regular basis.

RESOLVED :

(a) THAT the grant and renewal of all street-trading consents where there were no material objections be delegated to the Council’s Licensing Officer;

(b) THAT a draft resolution be passed making all current and future streets, council car parks, recreation grounds, open spaces along with all public parks, gardens, amenity areas, sports areas, play areas and parking bays adopted by the Council, in the Isle of Wight, designated “consent” streets;

(c) THAT notice be given of the Council’s intention to pass the resolution to make the list of streets etc, as set out in (b) above, into “consent” streets.

CHAIRMAN