Licensing Minutes - 20 April 2004

46. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 6 April 2004 be confirmed.

47. DECLARATIONS OF INTEREST

There were no declarations of interest made at this stage.

48. REPORTS OF THE HEAD OF CONSUMER PROTECTION

(a) To pass a Resolution amending the Council’s existing Schedule of Consent Streets as defined by the Local Government (Miscellaneous Provisions) Act 1982, Schedule 4, to include all the Isle of Wight, as appropriate

Members were reminded that at the meeting of the Licensing Panel, on 20 February 2004, approval had been given to publish, in the Isle of Wight County Press, a notice of intent to amend the Council’s existing schedule of “consent” streets, so to provide for improved regulation of Street Trading, in particular the selling of motor vehicles in lay-bys, Island wide.

The report of the Head of Consumer Protection was received which advised that a copy of the notice of intent to designate 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 on the Island adopted by the Council, as “consent” streets had also been served on the Chief Officer of Police for the Isle of Wight. Any representations had to be submitted within 28 days after publication of the said notice to the Council’s Licensing Office.

The Hampshire Constabulary had no formal objections to the proposal and wished for the current practice of consultation to continue. All Parish Councils, Town Councils and Forums had been consulted. Two letters in response had been received and these were tabled for members’ consideration. All councillors had also been consulted and no objections had been received.

Members were assured that the proposed regulations would enable the Council to apply measures within the Local Government (Miscellaneous Provisions) Act 1982 to take necessary legal action against illegal traders and was not intended to prevent one-off situations. There would be no change in the current procedures for obtaining a street trading consent. Any financial implications, due to the additional enforcement required, would be met by the income from street trading consents and not be an extra cost to the Council Tax payer.

RESOLVED :

(i) 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’.

(ii) THAT notice be given of the Council’s intention for the resolution to come into force on 28 May 2004.

(b) To consider a comprehensive Council Street Trading Policy to meet the Licensing Panel’s Objectives with regard to Street Trading Consents

Members were referred to the report of the Head of Consumer Protection, which set out the effect of designating all streets on the Island as “consent” streets for street trading purposes. A Council Policy had now been developed to assist all persons when applying for a Street Trading Consent. The proposed Policy set out the procedure for determining applications for, and enforcement of, street trading activities to ensure consistency in decision making. However, each application would be considered on its own merits so that individual circumstances, where appropriate, would be taken into consideration. Members raised particular concerns with regard to the key issue of enforcement. Members noted the procedure to be followed, which could result in prosecution and questioned the legality of the use of wheel clamps as a further option. The Licensing Officer agreed to investigate the proposal.

RESOLVED :

THAT the Street Trading policy be approved and implemented with immediate effect.

CHAIRMAN