PAPER D
Purpose: For Decision
Committee : LICENSING PANEL
Date : 5 APRIL 2002
Title : APPLICATION FOR THE RENEWAL OF A STREET TRADING CONSENT
REPORT OF THE STRATEGIC DIRECTOR OF FINANCE AND INFORMATION
SUMMARY/PURPOSE
To consider an application for the renewal of the Street Trading Consent for Newport Market in St James’ Square, St Thomas’ Square and the High Street, Newport.
BACKGROUND
1. An application has been received for the renewal 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 hours: set up 0700 hours to start trading at 0800 hours - 1430 hours
for a site : ST JAMES’ SQUARE, ST THOMAS’ SQUARE, AND PART OF THE HIGH STREET (from Accessorize, 48 High Street to Victoria Wine, 41 High Street), NEWPORT
a copy of which is attached.
2. The applicant wishes to offer for sale market trading goods.
3. 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.
OUTCOME OF CONSULTATIONS
1. The application has been advertised in the Isle of Wight County Press, and no comments have been received.
2. A letter dated 28 February 2002 has been sent to the Local Councillor, however, at the time of writing the report no comment had been received.
3. The Hampshire Constabulary have commented on the application and a copy of their comments is attached. (Appendix 1).
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 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.
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. A plan of the site and surrounding area is attached to this report. (Appendix 2)
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. 8.00 am, 2.30 pm and 4.00 pm.
3. During those visits, it has become apparent that some of the traders have been having difficulty in removing their vehicles by 8.00am as per the conditions of the street trading consent. On several occasions the last vehicles have not left until around 8.10 am.
4. It also appears that while most of the traders have been starting to pack up at 2.30 pm as per the conditions of the street trading consent, on one or two occasions there have been some who have still appeared to be exposing items for sale after 2.30 pm, and have not been making it obvious to the general public that they have stopped trading. For instance, it was noted that on at least one occasion, the stall selling the music tapes and CDs was continuing to play the music after the 2.30 pm shut down period, which could be enticing people to the stall after that time.
5. At 4.00 pm when the High Street has been reopened to traffic, either all the vehicles had already gone, or the last ones were just driving out of St. Thomas Square.
6. The Police had a major concern about the siting of one of the stalls, and this was resolved by the Market Inspector by re-siting the stall.
7. The Police comments have been sent to the applicant who has been invited to attend the meeting to answer any questions Members may have.
8. PC Bartlett of The Hampshire Constabulary has been informed of the time, date and location of the meeting and has been requested to attend.
Contact Point: John Murphy, Senior Licensing Officer ☎ 823152.
J PULSFORD
Strategic Director of Finance and Information
