PAPER B4

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 Esplanade, Cowes and The Esplanade, East Cowes.

DETAILS OF THE APPLICATION/ORDER

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

from: Mark Rosser and John Wild

trading as: Radical Radios Ltd, Tower Hill Business Park, Wireless Hill, Poundon, Oxfordshire

for: Saturday 2 August 2003 to Saturday 9 August 2003

for the days and times: 0900 hours – 1700 hours except Friday 8 August 2003 0900 hours – 2000 hours

a copy of which is attached.

3. The applicants wish to offer for sale mini FM radio for spectators to tune into live commentary results and news from Cowes radio.

LOCATION AND SITE CHARACTERISTICS

4. The site requested is: The Esplanade, Cowes and The Esplanade, East Cowes.

RELEVANT HISTORY

5. This is the first time Radical Radios have applied for a Street Trading Consent.

COUNCIL POLICY

6. The Council’s Licensing Panel considers all Street Trading Consents for fast food or ice cream, or where objections are received.

7. A copy of the Police 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 informed of the application and a copy of their comments are attached (Appendix 1). A representative of the Hampshire Constabulary has been requested to attend the meeting to answer any questions Members may have.

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

· Highways and Transportation

· Fire Safety

· Revenue Service

· Wight Leisure

· Local Councillor

· Town Council

At the time of writing the report no comments had been received, however, the closing date for comments is 24 July 2003.

THIRD PARTY REPRESENTATIONS

10. The application has been advertised in the Isle of Wight County Press, and at the time of writing the report no comments had been received, however, the closing date for comments is 25 July 2003.

FINANCIAL IMPLICATIONS

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

12. A fee of £81.50 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

13. 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.

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

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

15. 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

16. 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

17. To grant the application.

18. To vary the hours.

19. To vary the location.

20. To grant the consent for a lesser period.

21. To refuse the application.

EVALUATION/RISK MANAGEMENT

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

RECOMMENDATIONS

23. Members instructions are requested.

APPENDICIES ATTACHED

24. Appendix 1 – copy of Police comments.

BACKGROUND PAPERS

25. As attached.

ADDITIONAL INFORMATION

26. 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.

27. Wight Leisure have agreed to Radical Radios trading on the Esplanades 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