PAPER B

Purpose: For Decision

Committee: LICENSING PANEL

Date: 25 OCTOBER 2002

Title: APPLICATION FOR THE RENEWAL AND VARIATION OF THE STREET TRADING CONSENT FOR NEWPORT MARKET

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

SUMMARY/PURPOSE

To consider an application for the renewal and variation of the Street Trading Consent for Newport Market.

BACKGROUND

1. Members will recall that at a meeting of the Licensing Panel held on 20 September 2002 it was resolved that an extension be granted for the Newport Market to operate on the existing sites and hours requested until 6 November 2002 and for the Traffic Order for Newport High Street to be rescinded as soon as possible after that date.

2. An application dated 9 October 2002 has been received for the renewal and variation of the Street Trading Consent for Newport Market as per the attached plan.

from: Tony Flower, County Hall, Newport, Isle of Wight

for: weekly market on Tuesday

for the period: 12 November 2002 until and including 4 November 2003

for the hours: set up 0700 hours to start trading at 0800 hours - 1430 hours, to be cleared by 1600 hours

for the site: St James= Square and St Thomas= Square, Newport

3. The applicant wishes 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

(f) the type of goods which are to be sold

OUTCOME OF CONSULTATIONS

1. Limited time has been available to consult relevant organisations about this application.

2. The application has been advertised in the Isle of Wight County Press on 11 October 2002. At the time of writing the report no objections had been received. However, the closing date for comments is not until 25 October 2002 and any received will be circulated or read out at the meeting.

3. A letter dated 9 October 2002 has been sent to the Local Councillor. At the time of writing the report no comments had been received. However, the closing date for comments is not until 23 October 2002 and any received will be circulated or read out at the meeting.

4. The Hampshire Constabulary have been advised of the application. The Police have no objection in principle to the renewal and variation of the Street Trading Consent. However, they are conscious of the disruption the Tuesday Market causes to traffic and request the opportunity to put their views to the Panel.

5. The Isle of Wight Fire and Rescue Service, Newport Business Association, Highways Department, Revenue Services, Wight Leisure and the Environmental Health Department=s Food Section have all been advised of the application. At the time of writing the report no comments had been received. However, the closing date for comments is not until 23 October 2002 and any received will be circulated or read out at the meeting.

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 crime and disorder 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 the decision.

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.

OPTIONS

(a) To grant the application.

(b) To vary the hours.

(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

Newport Market Street Trading Consent file.

ADDITIONAL INFORMATION

1. An application for the renewal of the Street Trading Consent for St Thomas= Square, St James= Square and part of the High Street was considered by the Panel at a meeting held on 20 September 2002. At that meeting it was reported that successful discussion had been conducted with the applicant, the local members for Newport and the Police with regard to an option supported by the Newport Forum that the existing arrangements be extended until 6 November 2002. This would give time to accommodate the existing High Street Stalls in the Squares and to facilitate the re-opening of the High Street on Tuesdays.

2. Over the weeks since the market started operating, officers from the Licensing Section have carried out enforcement visits at various times of the day, i.e. 8.00am, 2.30pm and 4.00pm and will continue to do so if the Panel is so minded.

3. The applicant has been invited to attend the meeting to answer any questions Members may have.

4. The local and other Newport Councillors, Newport Forum, PC Bartlett, Isle of Wight Fire and Rescue Service and Highways Department have been informed of the time, date and location of the meeting and have been invited to attend.

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

J PULSFORD

Strategic Director

Finance and Information and County Treasurer