PAPER B3

Purpose: For Decision

Committee: LICENSING PANEL

Date: 25 JULY 2003

Title: APPLICATION FOR THE GRANT OF A STREET TRADING CONSENT

REPORT OF THE HEAD OF CONSUMER PROTECTION

PURPOSE/REASON

1. To consider an application for the grant of a Street Trading Consent for the Parade, Cowes, for Cowes Week.

DETAILS OF THE APPLICATION/ORDER

2. An application has been received for the grant of a Street Trading Consent

from: David George Twyman and Fiona Jane Twyman

trading as: Fat Papa’s

for: 2 August 2003 to 9 August 2003

for the days and times: all days setting up at 0800 hours to commence trading at 0900 hours – 2300 hours to be cleared by 2400 hours

a copy of which is attached.

3. The applicants wish to offer for sale pizzas, hot and cold drinks.

LOCATION AND SITE CHARACTERISTICS

4. The site requested is: The Parade, Cowes

RELEVANT HISTORY

5. Fat Papa’s were granted a Street Trading Consent for the Parade during Cowes Week 2002.

COUNCIL POLICY

6. The Council’s Licensing Panel considers all Street Trading Consents for fast food or ice cream.

7. Copies of the objections and comments have been sent to the applicants who have been invited to attend the meeting to answer any questions Members may have.

FORMAL CONSULTATION

8. The Hampshire Constabulary have been advised of the application and have confirmed that they have no objections to this application.

9. The Cowes Town Council have been advised of the application and a copy of their objection is attached (Appendix 1). A representative of the Town Council has been invited to attend the meeting to answer any questions members may have.

10. The following have also been advised of the application:

· Highways and Transportation

· Fire Safety

· Revenue Services

· Wight Leisure

· Environmental Health Department’s Food Section

· Local Councillor

however, no comments have been received.

THIRD PARTY REPRESENTATIONS

11. The application has been advertised in the Isle of Wight County Press, and no letters of objection have been received.

FINANCIAL IMPLICATIONS

12. Broadly, Council expenditure on Licensing matters, and in particular those which are administered and enforced through Consumer Protection, balances income received from licence fees.

13. A fee of £163.50 has been paid for this consent, however, should the application be refused the Council has a duty to refund part of the licence fee. It is recommended, in that event, that at least £50.00 should be retained.

LEGAL IMPLICATIONS

14. 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.

15. Each application should be considered individually so as to comply with the rules of Natural Justice.

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

16. 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.

IMPLICATIONS UNDER THE HUMAN RIGHTS ACT

17. 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.

OPTIONS

18 To grant the application.

19. To vary the hours.

20. To vary the location.

21. To grant the consent for a lesser period.

22. To refuse the application.

EVALUATION/RISK MANAGEMENT

23. It is the applicants’ responsibility to carry out a risk assessment.

RECOMMENDATIONS

24. Members instructions are requested.

APPENDICIES ATTACHED

25. Appendix 1 – copy of Town Council’s comments

BACKGROUND PAPERS

26. As attached.

ADDITIONAL INFORMATION

27. When determining the application Members may wish to take into account the following:

(a) noise to local residents, [particularly late at night]

(b) litter

(c) smell

(d) road safety

(e) comments from Members, Police, Parish or Town Councils

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

28. Wight Leisure have agreed to Fat Papa’s trading on the Parade as part of Cowes Week and a representative of Wight Leisure has been invited to attend the meeting to answer any question Members may have.

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

Rob Owen

Head of Consumer Protection