Agenda Item No
The Vale of Glamorgan Council
Licensing Committee: 3rd September 2012
Director of Development Services
For Information Report - Mr Austin Bowden
Purpose of the Report
1. In order to inform Members of action taken by Officers of the Licensing Section.
That Members note the contents of this Report.
Reasons for the Recommendations
2. In August 2011 the Licensing Section received reports of someone trading from a food van in a lay-by at Crack Hill on the A48.
3. Licensing Officers went to the site and spoke with the trader, Mr Austin Bowden, with regard to trading from that location and the requirement that he hold a Vale of Glamorgan Council Street Trading Consent.
4. On three further occasions, in person and by letter, Mr Bowden was advised in relation to this matter and on 1st December 2011 he was advised that he was committing an offence and cautioned.
5. Despite this, and his attendance at a Police and Criminal Evidence recorded interview at the Civic Offices, Mr Bowden was still found to be trading in contravention of the Vale of Glamorgan's Street Trading designation on 17th February 2012.
Relevant Issues and Options
6. On 6th July 2012 at Cardiff Magistrates' Court Mr Bowden pleaded guilty to the offence of Street Trading without being authorised to do so contrary to 10(1) (b) and Schedule (4) to the Local Government (Miscellaneous Provisions) Act 1982.
7. Mr Bowden was fined £100, plus a victim's surcharge of £15 and £200 in costs.
Resource Implications (Financial and Employment)
8. Resources directed to the administration and determination of Taxi Licences may be recovered through Taxi Licensing Fees and Charges.
Sustainability and Climate Change Implications
Legal Implications (to Include Human Rights Implications)
10. Section 10(1) of Schedule (4) to the Local Government (Miscellaneous Provisions) Act 1982 states;
A person who -
(a) engages in street trading in a prohibited street; or
(b) engages in street trading in a licence street or a consent street without being authorised to do so under this Schedule; or
(c) contravenes any of the principal terms of a street trading licence; or
(d) being authorised by a street trading consent to trade in a consent street, trades in that street -
(i) from a stationary van, cart, barrow or other vehicle; or
(ii) from a portable stall,
Without first having been granted permission to do so under paragraph 7(8) above; or
(e) contravenes a condition imposed under paragraph 7(9) above, shall be guilty of an offence.
Crime and Disorder Implications
11. Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime and disorder implications whilst regulating licensing activities. We must have due regard to the likely effect of the exercise of those functions on the need to do all we can reasonably do to prevent crime and disorder in our area.
Equal Opportunities Implications (to include Welsh Language issues)
12. The Council is obliged to apply its Licensing conditions on an equitable basis in the case of all applications.
13. To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious disease, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare. To maintain a fair and equitable trading environment.
14. The proposals in this report are in accordance with the Policy Framework and Budget.
Consultation (including Ward Member Consultation)
15. Not applicable.
Relevant Scrutiny Committee
16. Housing and Public Protection.
Kate Thompson, Principal Regulatory Services Officer 01446 709105
Rob Thomas, Director of Development Services.