7. A copy of the notice must also be
served on the Chief Officer of Police for its area. The notice was published in
the Isle of Wight County Press on the 27 February 2004. It contained a draft of
the resolution and stated that representations relating to it had to be made in
writing to the Council within such period, not less than 28 days after
publication of the notice as may be specified in the notice.
RELEVANT HISTORY
8. The
Council, by virtue of the two previous Borough Councils, has adopted Schedule 4
of the Local Government (Miscellaneous Provisions) Act 1982.
9. This permits the Council
to apply the measures within the Act including the necessary resolutions to
control street trading and take the necessary legal action against illegal
street traders.
10. Street trading means the
selling or exposing or offering for sale of any article (including a living
thing) in a street.
11. A street includes any road, footway,
beach or other area to which the public have access including public slipways
without payment, any service area as defined in section 329 of the Highways Act
1980 and includes any park or street.
12. Whilst “Street Trading”, as the name
applies, refers to trading on the highway, it also includes trading that takes
place at other places to which the public have access, and sometimes even on
private land.
13. The former Boroughs chose to control
street trading by designating areas for street trading as being prohibited
streets or consent streets.
14. At present there is only one fast food
outlet with a street trading consent, and that is outside the bus station in
South Street, Newport, the hours of which are set out below:
Monday – Saturday: 2100 hours – 0330 hours the
following morning
Sunday: 2100 hours –0030 hours the following morning
15. A street trading consent has been issued
for the Slipway, Shanklin for the sale of ice cream only, the hours of which
are set out below
14 April 2003 until and
including 13 September 2003
All days: 0900 hours – 2000
hours
16. The following markets have
street trading consents granted or applications pending
(i)
Newport Market:
Tuesdays 0800 hours – 1430 hours
(ii)
Ryde Market: Thursdays
0900 hours – 1600 hours
(iii)
Sandown Market: Sundays
1000 hours – 1530 hours
(iv)
Island Farmers’ Market:
Fridays 0900 hours – 1500 hours
17. Other
occasional street trading consents for street markets in Yarmouth, Ryde and
East Cowes are granted on an ad hoc basis and are issued under delegated
authority provided there are no objections.
COUNCIL POLICY
18. The current policy is that initial
applications for street trading consents have to be considered by the Council’s
Licensing Panel. Officers have
delegated authority on renewal to grant a consent where no objections have been
received.
FORMAL CONSULTATION
19. The Hampshire
Constabulary comment on individual applications at present and wish this
process to continue.
20. All Parish Councils, Town
Councils and Forums have been consulted and their responses are available in
the members’ rooms.
21. All Councillors have been consulted and
responses are also available in these rooms.
THIRD PARTY REPRESENTATIONS
22. No objections were received to the notice
published in the Isle of Wight County Press on the 27 February 2004.
FINANCIAL IMPLICATIONS
23. Broadly, Council
expenditure on Licensing matters, and in particular those, which are
administered and enforced through Consumer Protection, balances income received
from, licence fees.
24. There will be financial
implications due to the additional enforcement
required, however, the income from street trading consents would have to
cover the additional costs. There would
be no extra cost to the Council Tax payer.
25. Members are aware that
the Licensing Section cannot make a profit from its Licensing function.
LEGAL
IMPLICATIONS
26. Schedule 4 to the Act contains provisions which distinguish between the
issuing of a licence and the issuing of a consent, and the main differences
between the two types of street designation are as follows: (N.B. for District
Council read Unitary Authority)
Licence
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Consent
|
|
a) District Council obliged to grant a licence unless the application
ought to be refused on one or more of the grounds specified in the Act.
|
District Council under no duty to grant a street
trading consent and need not specify statutory grounds for refusal.
|
|
b) District Council may only
revoke or refuse to renew a licence on the statutory grounds.
|
No statutory limitation on a District Council’s
power to revoke or refuse to renew a street trading consent.
|
|
c) Before a District Council may vary a principal term of a street
trading licence, or before it may refuse to grant or renew or revoke a street
trading licence, it must first invite the applicant/licence-holder to make representations
and then afford that person a reasonable opportunity to make those
representations.
|
No notice requirements apply to a street trading
consent.
|
|
d) Statutory grounds of
appeal against the refusal, revocation or variation of a principal term of a
street trading licence are contained in the Schedule
|
There is no right of appeal against the refusal to
grant or renew a consent or against the revocation or variation of a consent.
|
|
e) A licence-holder may be prosecuted
for a breach of the “principal terms”
which relate to the street in which, the days and times upon which, and the
articles in which the holder trades.
|
A street trading consent holder may only be prosecuted
for a breach of a condition where he trades from a stationary van, cart,
barrow, vehicle or from a portable stall in a place or at a time not included
in the consent, or for breach of a condition relating to the positions and
times in which he may trade but not for a breach of a condition relating to
the type of article to be sold.
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f) A District Council may
recover from a licence-holder such reasonable charges as they may determine
for the collection of refuse and the cleansing of the streets etc.
|
A District Council may not charge the holder of a
street trading consent for the collection of refuse and cleansing of streets
etc.
|
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g) Where a licence is
surrendered or revoked, the Council has the discretion to remit or refund any
fee paid for it.
|
Where a consent is surrendered or revoked, a
Council is under a duty to remit or refund the whole or part of any fee paid
for the consent.
|
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h) The consent of the
Highway authority is necessary for the designation of a street as a licence street.
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Highway authority consent is not required before
the designation of a street as a consent street.
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27. Each
application for a street trading consent must be considered individually so as
to comply with the rules of natural justice.
28. This Council is under no duty to grant a
street trading consent and need not specify its grounds for refusal.
IMPLICATIONS UNDER THE
CRIME AND DISORDER ACT 1998
29. Without
prejudice to any other obligation imposed on it, it shall be the duty of each
authority to which this section applies to exercise its various functions with
due regard to the likely effect of the exercise of those functions on, and the
need to do all that it reasonably can to prevent, crime and disorder in its
area.
IMPLICATIONS UNDER THE HUMAN RIGHTS ACT
30.
Members are
advised that this application must be considered against a background of the
implications of the Human Rights Act 1998.
There are three convention rights
which need to be considered in this context:-
a) Article
6 - Right to a fair trial
In
the determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a fair and public hearing within a
reasonable time by an independent and impartial tribunal established by law.
b)
Article 8 -
Right to respect for private and family life.
Everyone
has the right to respect for his private and family life, his home and his
correspondence. In the case of Article
8 there shall be no interference by a public authority with the exercise of
this right except as such in accordance with the law and is necessary on a
democratic society in the interests of national security, public safety or the
economic wellbeing of the country, for the prevention of disorder and crime,
for the protection of health or morals or for the protection of the rights and
freedoms of others.
c)
Article 1 of
the first protocol – protection of property.
Every
natural or legal person is entitled to the peaceful enjoyment of his
possessions. In the case of Article 1 of the first protocol it states that “no
one shall be deprived of his possessions except in the public interest and
subject to the conditions provided for by law and the general principles of
international law. The preceding
provisions (of which Articles 6 and 8 are but two) shall not however in any way
impair the right of the state to enforce such laws as it deems necessary to
control the use of the property in accordance with general interest or to
secure the payment of taxes or other contributions or penalties”.
d) The Panel needs to be clear as the
rights granted and the need to ensure that the reasons given for any
interference are proportionate and in accordance with the Council’s legitimate
aim.
31. These Articles will have
to be considered if appropriate prior to reaching a decision on each
application for a street trading consent.
OPTIONS
32. a) To take no further action.
b) To pass a resolution “that all current
and future streets, Council car parks, recreation grounds and 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 be designated as
consent streets.”
c) To give notice that the Council intend
the resolution to come into force on the 28 May 2004.
EVALUATION/RISK MANAGEMENT
33. It is
the applicant(s) responsibility to carry out a risk assessment.
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RECOMMENDATIONS
34. That options b and c are approved.
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APPENDICIES ATTACHED
35. Appendix
1- Current schedule of consent streets.
BACKGROUND PAPERS
36. a) Street trading general file.
b) Street trading consultation file.
Contact Point: John Murphy, Licensing Officer ( 823152.
ROB OWEN
Head of Consumer Protection
(iv) Pleasure Grounds or Open
Spaces or Commons -
Arboretum, Fairlee Road, Newport; Green around
Coppins Bridge, Newport; Green by Elim Church, Coppins Bridge, Newport; Nelson
Road; St James Square; Barton Road; High Street; Staplers Road; Little
Gatcombe; Newport Harbour
b) The following streets or
esplanades, parades, promenades, marine drives or ways to which the public
commonly have access, whether or not as a right:-
Albany Road, Newport;
Atkinson Drive, Newport; Barton Road, Newport (from its junction with Robin
Hood Street to its junction with School Lane, Barton); Bedford Row, Newport;
Bowling Green Lane, Newport; Brannon Way, Wootton Bridge; Carisbrooke Road,
Newport (from its junction with High Street/Pyle Street to its junction with
Recreation Ground Road); Castlehold Lane, Newport; Cavendish Place, Newport;
Chain Lane, Newport; Chapel Street, Newport; Church Litten, Newport; Church
Road, Wootton Bridge (from its junction with High Street to its junction with
Rectory Drive); Clatterford Road, Carisbrooke (from its junction with High
Street to its junction with Nodgham Lane); Cockram's Yard, Newport; Crocker
Street, Newport; Cross Street, Newport; Drill Hall Road, Newport; East Street,
Newport; East View, Newport; Elm Grove, Newport; Fairlee Road, Newport (from
Snooks Hill to its junction with Mews Lane); Field Place, Newport; Forest Road,
Newport (from its junction with Parkhurst Road to its junction with Gunville
Road); Furrlongs, Newport (from its junction with Pan Lane to its northern
junction with Manor Crescent); Gunville Crescent, Gunville Road, Carisbrooke
(from its junction with Gunville West to its junction with Alvington Manor
View); High Street, Carisbrooke; High Street, Newport; High Street, Wootton
Bridge; Holyrood Street, Newport; Kennedy Close, Wootton Bridge; Laundry Lane,
Newport; Little London, Newport (from its junction with Sea Street to its
junction with Hurstake Road); Lugley Street, Newport; Mary Rose Ave, Wootton
Bridge; Medina Ave, Newport; Mill Street, Newport; Mill Square, Wootton Bridge;
Mountbatten Drive, Newport; New Road, Wootton (from its junction with High
Street to its junction with St Edmunds Walk); New Street Newport; Nine Acres
Lane, Newport; Orchard Street, Newport; Portland Street, Newport; Post Office
Lane, Newport; Priory Road, Carisbrooke; Pyle Street, Newport; Quay Street,
Newport; Recreation Ground Road, Newport; Rectory Drive, Wootton Bridge (from
its junction with High Street to its junction with Glebe Gardens); Red Road,
Wootton Bridge; Royal Exchange, Newport; St James's Street, Newport; St James=s
Square, Newport (for a Christmas Charity Market and other suitable Charity
Market only); St Thomas=s Square (for a Christmas Charity Market and
other suitable Charity Market only), Newport; St Johns Place, Newport;
Scarrots Lane, Newport; School Lane, Barton, Newport; Sea Street, Newport;
Snooks Hill, Newport; South Street, Newport; South View, Newport; Station Road,
Wootton Bridge (from its junction with High Street to its junction with
Fernhill); Taylor Road, Newport; Town Lane, Newport; Trafalgar Road, Newport;
Union Street, Newport; Watchbell Lane, Newport; Wellington Road, Newport; West
Street, Newport; West View, Newport.
COWES, EAST COWES, GURNARD AND NORTHWOOD
(a) The following off-street
car parks, parking bays, recreation grounds, gardens or other parks, pleasure
grounds or open spaces or commons:-
(i) Off-Street Car Parks
and Parking Bays –
Brunswick Road, Cowes; Esplanade, East Cowes; Cross
Street, Cowes; Mornington Road, Cowes; Ward Ave, Cowes; Well Road, East Cowes;
Denmark Road, Cowes; Denmark Road; Mornington Road; Northwood Park; Park Road;
St Andrews Street; The Parade
(ii) Recreation Grounds -
Children's Play Area, Nodes Estate; Jubilee
Recreation Ground, York Ave, East Cowes; Northwood Park, Cowes; Northwood
Recreation Ground, Cowes; Recreation Ground, Victoria Grove, East Cowes; Park
Road Recreation Ground; Princes Green; Princes Green Gurnard; Wroxall Close;
Springhill Farm, East Cowes
(iii) Gardens or other parks
-
Mornington Road Open Space, Cowes; The Green,
Princes Esplanade Gurnard; Princes Green, Cowes; Vectis Road play area, East
Cowes;
(iv) Pleasure Grounds or Open
Spaces or Commons -
Brunswick Road play area, Cowes; Green on
Esplanade, East Cowes; Egypt Point; Cowes Parade; Wroxall Avenue; The Cut; Town
Hall, East Cowes
(v) The Public Slipway
adjacent to Harbour Lights Public House, High Street, Cowes
(vi) The Sun Slip between the
Midland Bank, 86, High Street, Cowes, and 88 High Street, Cowes
(vii) Arctic Road, Cowes
(b) The following streets or
esplanades, parades, promenades, marine drives or ways to which the public
commonly have access, whether or not as a right:-
Adelaide Grove, East Cowes
(from its junction with York Avenue to its junction with Falcon Road); Albany
Road, East Cowes; Arctic Road, Cowes; Baring Drive; Baring Road, Cowes (from
its junction with Castle Hill to its junction with Crossfield Avenue); Bars
Hill, Cowes; Bath Road, Cowes; Beatrice Ave, East Cowes; Beckford Road, Cowes
(from its junction with Birmingham Road to its junction with Consort Road);
Birmingham Road, Cowes; Bridge Road, Cowes(from its junction with Medina Road
to its junction with St Andrews Street); Bridge Road, East Cowes; Bridge
Square, East Cowes; Brunswick Road, Cowes; Cambridge Road, East Cowes; Carvel
Lane, Cowes; Castle Hill, Cowes; Castle Road, Cowes; Castle Street, East Cowes;
Church Road, Cowes; Church Path; East Cowes; Clarence Road, East Cowes (from
its junction with York Avenue to its junction with Osborne Road); Cliff Road,
Cowes; Cockleton Lane, Gurnard (from its junction with Church Road to Northern
its junction with Gurnard Pines); Columbine Road, East Cowes; Consort Road,
Cowes; Cross Street, Cowes; Crossfield Avenue, Cowes (from its junction with
Ward Avenue to its junction with Mountbatten Avenue); Denmark Road, Cowes;
Dover Road, East Cowes; Egypt Esplanade, Cowes; Egypt Hill, Cowes; Esplanade,
Cowes; Esplanade, East Cowes; Falcon Road, East Cowes; Ferry Road, East Cowes;
Grange Road, East Cowes; Granville Bridge, Cowes; High Street, Cowes - outside
the Post Office at the Junction with Market Hill (for periods during Cowes
Week each year and for other suitable maritime purposes only); John Nash
Avenue, East Cowes (from its junction with York Avenue to its junction with Oak
Tree Way); Langley Road, Cowes; Link Road, East Cowes; Love Lane, Cowes;
Maresfield Road, East Cowes; Market Hill, Cowes; Marsh Road, Gurnard; Medina
Road, Cowes; Mill Hill Road, Cowes (from its junction with Birmingham Road to
its junction with Consort Road); Mornington Road, Cowes; Old Road, East Cowes
(from its junction with Castle Street to its junction with Cambridge Road);
Osborne Road, East Cowes; Park Road, Cowes (from its junction with Union Road
to its junction with Ward Avenue) Park Road, Cowes (from its junction with
Bellevue Road to its junction with Place Road); Princes Esplanade, Cowes;
Queens Road, Cowes; Railway Street, Cowes; School Hill Road, East Cowes;
Shooters Hill, Cowes; Shore Road, Gurnard; Stanhope Drive, Cowes; Sun Hill,
Cowes; Terminus Road, Cowes; The Cut, Cowes; The Grove, Cowes; The Parade,
Cowes (for periods during Cowes Week each year and for other suitable
maritime purposes only); Trinity Church Lane, Cowes; Trinity Road, East
Cowes; Union Road, Cowes; Victoria Grove, East Cowes (from its junction with
Beatrice Ave to its junction with Adelaide Grove); Venner Avenue, Northwood;
Ward Avenue, Cowes; Watchhouse Lane, Cowes; Well Road, East Cowes; Westhill
Road, Cowes; Wroxall Close, Northwood; Wyatts Lane, Northwood (from its
junction with Oxford Street to its junction with Pallance Lane); York Avenue,
East Cowes (from its junction with Castle Road to its junction with Connaught
Road).
RYDE, SEAVIEW, NETTLESTONE AND ST HELENS
(a) The following off-street
car parks, parking bays, recreation grounds, gardens or other parks, pleasure
grounds or open spaces:-
(i) Off-Street Car Parks
and Parking Bays -
Appley Park, Ryde; Garfield Road, Ryde; George
Street Central, Ryde; Lind Place, Ryde; Puckpool Park, Ryde; St Helens Green,
St Helens; St Thomas's Street (lower), Ryde; St Thomas's Street (upper) Ryde;
St Vincents Road, Ryde; Quay Road, Ryde; Pier Road, Seaview; Canoe Lake Road
(on-street); Esplanade (on-street); Green Street/Station Street; North Walk
(on-street); Pier Road Seaview; The Duver St Helens; Victoria Street; Wootton Recreation Ground.
(ii) Recreation Grounds -
Binstead Recreation Ground, Binstead; Havenstreet
Recreation Ground, Havenstreet; Haylands Recreation Ground, Ryde; Nettlestone
Recreation Ground, Nettlestone; Oakfield Recreation Ground, Ryde; Pell Lane
Recreation Ground, Ryde; Seaview Recreation Ground, Seaview; Simeon Street
Recreation Ground, Ryde; Smallbrook Stadium, Ryde; Ashley Garden; Canoe Lake;
Coronation Gardens; Oakewood Road; Sandringham Green; Slade Road Recreation
Ground; Wootton Recreation Ground.
(iii)
Gardens or other parks –
Appley Park, Ryde; Ashley Gardens, Ryde; Eastern
Gardens (Eastern and Western), Ryde; Puckpool Park Ryde; Ryde Boating Lake
Gardens, Ryde; St Thomas's Rest Garden, Ryde; Sophie Watson Gardens, Seaview
(iv) Pleasure Grounds or Open
Spaces or Commons -
Binstead Estate Open Space (east); Binstead Estate
Open Space (West); Binstead Rest Garden, Binstead; Fishbourne Green,
Fishbourne; Fishbourne Green (North), Fishbourne; Gassiott Green, Ryde;
Haylands Play Area, Ryde; Nettlestone Green, Nettlestone; The Green, St Helens;
Dover Street Shelter; Dover Street Roundabout; St Thomas Square/Church; John
Street Shelter; West Street; St Helens Church; Bus Station; Western Esplanade
Rose Garden; Esplanade Centre; Esplanade Pavilion; Bowling Green; Eastern
Fountain; Thatchers End Island; The Glen Northwalk; St Cecilias Wall; Gassiet
Green; Binstead War Memorial
(v) Cornwall Slip (Public
Slipway entrance from Ryde Esplanade)
(vi) Pavilion Slip (Public
Slipway entrance from Ryde Esplanade)
(vii) Quay Road Slip (Public
Slipway entrance from Ryde Esplanade)
(b) The following streets or
esplanades, parades, promenades, marine drives or ways to which the public
commonly have access, whether or not as a right, in the former Borough of
Ryde:-
Anglesea Street, Ryde;
Albert Place, Ryde; Ashley Gardens, Ryde; Bank Gardens, Ryde; Bank Place, Ryde;
Bedworth Place, Ryde; Bellevue Road, Ryde; Bluett Avenue, Seaview; Buckingham
Road, Ryde; Canoe Lake Road, Ryde (that part of the road on the Southern side
of the Canoe Lake, from its junction with the Esplanade to its junction with
the North Walk); Castle Street, Ryde; Church Lane, Ryde; Church Street,
Seaview; Circular Road, Seaview; Cornwall Street, Ryde; Cross Street, Ryde;
Crown Street, Ryde; Dover Street, Ryde (from its junction with the Esplanade to
its junction with Melville Street); East Street, Ryde; Esplanade, Ryde (A.3054)
(from its junction with St Thomas's Street to its junction with East Hill
Road); Esplanade, Seaview; Garfield Road, Ryde; George Street, Ryde; Green
Street, Ryde; High Street, Ryde; High Street, Seaview; John Street, Ryde (for
a regular weekly market only); Lind Street, Ryde; Lind Hill, Ryde; Lind
Place, Ryde; Madeira Road, Seaview; Market Street, Ryde; Manor Gardens, Ryde;
Melville Street, Ryde; Monkton Street, Ryde ( from its junction with The
Strand to its junction with Melville
Street); Nelson Lane, Ryde; Nelson Place, Ryde; Nelson Street Ryde; Newport
Street, Ryde; North Walk, Esplanade, Ryde (from its junction with Cornwall
Street Slipway to its junction with Appley Slipway); Old Seaview Lane, Seaview;
Pier Road, Seaview; Quay Road, Ryde; St George's Close, Ryde; St James's
Street, Ryde, St Johns Road, Ryde (from its junction with High Street to its junction
with Warwick Street); St Marys Passage, Ryde; St Thomas's Square, Ryde; St
Thomas's Street, Ryde; Salterns Road, Seaview; Seafield Road, Seaview; Seaview
Lane/Steyne Road (B3340); Simeon Street, Ryde; Spencer Road, Ryde (from its
junction with St Thomas's Street to its junction with West Street); Station
Street, Ryde; Star Street, Ryde; The Strand, Ryde; Trinity Street (from its
junction with Bellevue Road to its junction with Melville Street); Union Road,
Ryde; Union Street, Ryde; Upper Green Road, St Helens; Victoria Place, Ryde;
Victoria Street, Ryde; Warwick Place, Ryde; Warwick Street, Ryde; West Street,
Ryde (from its junction with Spencer Road to its junction with Green
Street/Argyll Street); West Street, Seaview; Yelf's Road, Ryde
(c) The seashore in the
former Borough of Ryde between
(i) St Thomas's Street
Slipway and the Slipway at the junction of Oakhill Road and the Seaview Duver
Toll Road;
(ii) Salterns Slipway and
the Slipway at the Eastern end of Seagrove Bay
SANDOWN, INCLUDING BRADING AND LAKE
a) The following off-street
car parks, parking bays, recreation grounds, gardens or other parks, pleasure
grounds or open spaces:-
(i) Car Parks and Parking
Bays -
Avenue Slipway; Blue Lagoon; Browns; Devonia
Slipway; Esplanade (on-street); Fort Street; Granite Fort; Memorial Slipway;
Sandown Pier Slipway; The Heights; St John’s Road; Station Avenue; Yaverland;
Yaverland Slipway; All Slipways between the revetment between Sandown and
Shanklin; West Street Brading; New Road Lake
(ii) Public Parks and
Gardens -
Battery Gardens; Ferncliff Gardens; Pier Gardens;
Eastern Gardens; Sandham Grounds; Sandown Library Area; The Heights Leisure
Centre; Lake Cliff Gardens
(iii) Amenity, Sports,
Recreation and Play Areas -
Sandham Bowling Green; Sandham Putting Green;
Newbridge Play Ground
(iv) Open Spaces -
Coastal Cliff Walk Ferncliff - Battery; Culver
Parade; Foxes Path; Hazeley Combe; Jeals Lane (2); Perowne Way Bus Stop;
Sandham Close (3); The Ridgeway; Town Hall Grafton Street; Yaverland Meadow
b) The following streets or
esplanades, parades, promenades, marine drives or ways to which the public
commonly have access, whether or not as a right:-
1. Albert Road (the whole).
2. Albion Road (the whole).
3. Avenue Road (the whole).
4. Crescent Road (the
whole).
5. Beachfield Road (the
whole).
6. Royal Crescent (the
whole).
7. Royal Street (the
whole).
8. New Street (the whole).
9. Culver Parade (High
Street to Meadow Way, Yaverland).
10. That part of Meadow Way,
Yaverland from its junction with the main Sandown-Yaverland Road, extending in
a north westerly direction for a distance of 30 metres.
11. Esplanade (the whole).
12. Avenue Slipway (the
whole).
13. Esplanade Road (the
whole).
14. Trouville Steps (the
whole).
15. Guadaloupe Steps (the
whole).
16. Ferncliff Road (the
whole).
17. Ferncliff Slipway (the
whole).
18. Grange Road (the whole).
19. High Street (the whole).
20. York Road (the whole).
21. Wilkes Road (the whole).
SHANKLIN
a) The following off-street
car parks, parking bays, recreation grounds, gardens or other parks, pleasure
grounds or open spaces:-
(i) Car Parks and Parking
Bays -
Atherley Road; Esplanade (on-street); Esplanade
Gardens; Hope Road; Hope Road Slipway; Landguard Road; Orchardleigh Road;
Osborne Road; Palestine Slipway; Shanklin Pier Apron Slipway; Small Hope
Slipway; Spa Site Esplanade; Vernon Meadow; Winchester House
(ii) Public Parks and
Gardens -
Shanklin Esplanade; Tower
Cottage Gardens; Newport Road Gardens
(iii) Amenity, Sports,
Recreation and Play Areas -
Batts Road Play Ground; Manor Road Play Ground;
County Ground; Hurricanes Rugby Field; Shanklin Esplanade Putting Green
(iv) Open Spaces -
Big Meade; Blythe Way; Cliff Walks 1 - 5; Green
Lane Bungalow; James Avenue; Lake Common; Los Altos Park; Manor Gardens Walk;
Merrie Gardens; Roseway; Cemetery Road; Shanklin Town Hall; Sibden Hill;
Windsor Drive; Silver Trees
b) The following streets or
esplanades, parades, promenades, marine drives or ways to which the public
commonly have access, whether or not as a right:-
1. Atherley Road (the
whole)
2. Wilton Park Road (the
whole)
3. That of Milford Road
from its junction with Atherley Road and extending in a northerly direction for
a distance of 30 metres.
4. That part of St Paul's
Crescent from its junction with Atherley Road extending in a southerly
direction for a distance of 30 metres.
5. That part of Atherley
Cross Road from its junction with Atherley Road and extending in a southerly
direction for a distance of 30 metres.
6. Chine Avenue (the
whole).
7. Queen's Road (the
whole).
8. That part of Alexandra
Road from its junction with Chine Avenue and extending in a northerly direction
for a distance of 30 metres.
9. Chine Avenue (the
whole).
10. Chine Hollow (the whole).
11. Church Road (part - High
Street to St Blasius Church).
12. The part of Manor Drive
from its junction with Church Road and extending in westerly direction of 30
metres.
13. That part of Priory Road
from its junction with Church Road and extending in an easterly direction of 30
metres.
14. That part of Rectory Road
from its junction with Church Road and extending in an easterly direction for a
distance of 30 metres.
15. Clarendon Road (the whole).
16. That part of Spring
Gardens from its junction with Clarendon Road, extending in a northerly direction
for a distance of 30 metres.
17. That part of St George's
Road from its junction with Clarendon Road, extending in a southerly direction
for a distance of 30 metres.
18. That part of Park Road
from its junction with Clarendon Road, extending in a southwesterly direction
for a distance of 30 metres.
19. That part of Crescent
Road from its junction with Clarendon Road, extending in a north easterly
direction for a distance of 30 metres.
20. That part of Eastmount
Road from its junction with Clarendon Road, extending in a northerly direction
for a distance of 30 metres.
21. Cliff Walk (part - Hope
Road to Beatrice Avenue).
22. Eastcliff Promenade (the
whole).
23. That part of Osborne Road
from its junction with Eastcliff Promenade, extending in a westerly direction
for a distance of 30 metres.
24. Esplanade (the whole).
25. Lift Road (the whole).
26. Everton Lane (the whole).
27. High Street (the whole).
28. That part of Grange road
from its junction with High Street and extending in a westerly direction for a
distance of 30 metres.
29. That part of Eastcliff
Road from its junction with High Street and extending in an easterly direction
for a distance of 30 metres.
30. That part of Pomona Road
form its junction with High Street and extending in a westerly direction for a
distance of 30 metres.
31. That part of Victoria
Avenue from its junction with High Street and extending in a westerly direction
until its junction with Westhill Road.
32. Steephill Road (the
whole).
33. Orchardleigh Road (the
whole).
34. That part of Western Road
from its junction with High Street and extending in a northerly direction for a
distance of 30 metres.
35. Landguard Road (the
whole).
36. Hope Road (the whole
including Hope Hill).
37. That part of Eastmount
Road, from its junction with Hope Road, extending in a southerly direction for
a distance of 30 metres.
38. North Road (the whole).
39. Arthur's Hill (the
whole).
40. That part of St Paul's
Avenue from its junction with North Road, extending in a westerly direction for
a distance of 30 metres.
41. That part of the pathway
connecting North Road with Spring Gardens, extending in a westerly direction
for a distance of 30 metres.
42. Those parts of Scinde
Crescent from its inter-section with North Road, extending in a westerly direction
for a distance of 30 metres from each inter-section.
43. Cross Street (the whole).
44. Osborne Steps (Esplanade
to Eastcliff Promenade).
45. Palmerstone Road (the
whole).
46. That part of Alexandra
Road from its junction with Palmerstone Road, extending in a southerly
direction for a distance of 30 metres.
47. Prospect Road (the
whole).
48. Sandown Road (the whole).
49. That part of Hyde Road
from its junction with Landguard Road and extending 30 metres in an westerly
direction.
50. That part of Carter
Avenue from its junction with Landguard Road and extending 30 metres in an
westerly direction.
51. That part of Collingwood Road form its junction with Landguard
Road and extending 30 metres in an westerly direction.
52. That part of Western Road
from its junction with Landguard Road and extending 30 metres in an westerly
direction.
53. That part of Park Road
from its junction with Palmerstone Road, extending in a northerly direction for
a distance of 30 metres.
54. That part of St George's
Road from its junction with Palmerstone Road, extending in a northerly
direction of 30 metres.
55. Popham Road (junction of
Luccombe Road to Appley Green).
56. Regent Street (the
whole).
57. Falcon Cross Road (the
whole).
58. Carter Road (the whole).
59. That part of St Paul's
Avenue from junction with Regent Street, and extending in an easterly direction
for a distance of 30 metres.
60. That part of St Paul's
Avenue from its junction with Regent Street and extending in an easterly
direction for a distance of 30 metres.
61. Marine Cross Road (the
whole).
VENTNOR
a) The following off-street
car parks, parking bays, recreation grounds, gardens or other parks, pleasure
grounds or open spaces:-
(i) Car Parks and Parking
Bays -
Shore Road Bonchurch; Botanic Gardens; Dudley Road;
East Cliff; Eastern Esplanade; High Street; La Falaise Parking Place Western
Cliffs; Leeson Road Viewpoint; Market Street; Pound Lane; Smugglers Haven Upper
Bonchurch; The Grove; Wheelers Bay
(ii) Public Parks and
Gardens -
Cascade; Ventnor Park; Cinema Gardens; Smugglers
Haven; Victoria Corner; Station Gardens; Bonchurch Pond.
(iii) Amenity, Sports,
Recreation and Play Areas -
Havensbush Play Ground; Lowtherville Play Ground;
North Street Play Ground; Ventnor Bowls Green; Ventnor Park Putting Green;
Spring Hill Putting Green; Wroxall Football Field.
(iv) Open Spaces -
Alpine Road; Bonchurch Triangle/Donkey Bank;
Eastern Gardens; Glowers Brooke; Newport Road (2); Northside; Ocean View Road;
Rew Close; Salisbury Gardens; Streephill Down Road; Trinity Gardens; Two Posts;
West Cliffs.
b) The following streets or
esplanades, parades, promenades, marine drives or ways to which the public
commonly have access, whether or not as a right:-
1. That part of Leeson
Road, from its junction with St Boniface Road, extending in a northerly
direction for a distance of 30 metres.
2. The whole of that part
of St Boniface Road from its junction with Spring Hill and Mitchell Avenue to
its junction with Trinity Road and Leeson Road.
3. That part of St Boniface
Road its junction with Leeson Road and Trinity Road, extending in an easterly
direction for a distance of 30 metres.
4. The whole of that part
of Trinity Road from its junction with High Street and Madeira Road to its
junction with St Boniface Road.
5. That part of Trinity
Road affronting the northern boundary of Holy Trinity Church, in an easterly
direction extending from its junction for a distance of 30 metres.
6. That part of Madeira
Road from its junction with Trinity Road and High Street, extending in a south
easterly direction for a distance of 30 metres.
7. Ninestone Steps (the
whole).
8. Spring Hill (the whole).
9. Mitchell Avenue (the
whole).
10. Ocean View Road (the
whole).
11. That part of Newport Road
from its junction with Ocean View Road and Gills Cliff Road extending in a
northerly direction for a direction for a distance of 30 metres north of its
junction with Down Lane.
12. Lowtherville Road (the
whole).
13. That part of Whitwell
Road from its junction with Gills Cliff Road extending in a westerly direction
for a distance of 30 metres.
14. Gills Cliff Road (the
whole).
15. Castle Road (the whole).
16. That part of Zig Zag Road
between its junction with Castle Road and Park Avenue.
17. Park Avenue (the whole).
18. Steephill Road (the
whole).
19. That part of Undercliff
Drive between its junctions with Steephill Road and Inglewood Park.
20. Alpine Road (the whole).
21. Belgrave Road (the
whole).
22. Church Street (the
whole).
23. Pier Street (the whole).
24. High Street (the whole).
25. That part of Tulse Hill
from its junction with Marlbourgh Road and High Street extending in a northerly
direction for a distance of 30 metres.
26. That part of Marlbourgh
Road from its junction with High Street and Tulse Hill extending in a westerly
direction for a distance of 30 metres.
27. That part of West Street
from its junction with High Street extending in a southerly direction for a
distance of 30 metres.
28. That part of East Street
from its junction with High Street extending in a southerly direction for a distance
of 30 metres.
29. Victoria Street (the
whole).
30. That part of St Catherine
Street from its junction with Wheelers Bay Road extending in a north easterly
direction for a distance of 30 metres.
31. That part of Wheelers Bay
Road from its junction with St Catherines Street extending in a south easterly
direction for a distance of 30 metres.
32. Albert Street (the
whole).
33. Dudley Road (the whole).
34. Market Street (the
whole).
35. Pound Lane (the whole).
36. Shore Lane (the whole).
37. Hamborough Road (the
whole).
38. The Esplanade (the
whole).
39. Esplanade Road (the
whole).
40. Marine Parade (the
whole).
41. Bath Road (the whole).
42. Alma Road (the whole).
43. Bonchurch Village Road
(the whole).
44. Shore Road, Bonchurch
(the whole)
WEST WIGHT
a) The following off-street
car parks, parking bays, recreation grounds, gardens or other parks, pleasure
grounds or open spaces:-
(i) Car Parks and Parking
Bays -
Chilton Chine; Blackgang Viewpoint; Chale; Whale
Chine; Avenue Road Freshwater; Freshwater Bay; Jubilee Close Freshwater; Moa
Place Freshwater; Solent Gardens Freshwater; Colwell Bay; Allotment Road Niton;
Adjacent Youth Club Niton; Town Gate Bridge Niton; Mill Road Shalfleet; Broadway
Totland; Brookside Crescent Wroxall; St Martin’s Road Wroxall; Bouldnor
Viewpoint Yarmouth; River Road Yarmouth; The Common Yarmouth
(ii) Amenity, Sports,
Recreation and Play Areas -
Totland Recreation Ground;
Stroud Recreations Ground
(iii) Open Spaces -
Lane End Fishermans Walk Freshwater; Lincoln Way
Openspaces (2) Freshwater; Freshwater Bay Openspace; Afton Road/Afton Marsh
Freshwater; Colwell Common; Fleetway Shalfleet; Witheyfields Shalfleet; River
Road Yarmouth; Yarmouth Common; Yarborough House Yarmouth
BEMBRIDGE
a) Car Parks and Parking
Bays -
Brooks Close; Lane End
(Eastern Area); Lane End (Western Area): Steyne Park
