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Agenda Item No

 

The Vale of Glamorgan Council

 

Licensing Committee: 2nd October 2012

 

Report of the Director of Development Services

 

Application to Consider the Fee for a Street Trading Consent

 

Purpose of the Report

1.             To ask Members to consider a request by Mr Patrick Mevel, 164 Ninian Park Road, Cardiff, CF11 6JE to approve a reduced fee for a Vale of Glamorgan Council Street Trading Consent.

Recommendation

After careful consideration of the Council's standard fees for the processing and approval of Street Trading Consents together with any factors the applicant wishes to be considered it is recommended that the request be refused.

Reason for the Recommendation

To ensure the Council's policy on charging for services is applied on an equitable basis.

Background

2.             On 9th February 2010 the Licensing Committee approved standard fees to apply for the processing and approval of Street Trading Consents which came in to force on 1st April 2010.  A copy of the table of standard fees is attached at Appendix A to this Report.

3.             The standard fee for a Street Trading Consent for 1 day is £12.00 for the application followed by an approval fee of £43.00.

Relevant Issues and Options

4.             On 24th September 2012 Mr Patrick Mevel submitted an application for Consent to allow him to trade at Cowbridge Food and Drink Festival on 27th October 2012.  Mr Mevel paid the application fee of £12.00.  The application form is attached at Appendix B to this Report.

5.             Mr Mevel accompanied his application with a letter requesting that consideration be given to reducing the approval fee for this Consent.  A copy of the letter is attached at Appendix C to this Report.

Resource Implications (Financial and Employment)

6.             Resources directed to the administration and determination of Street Trading Consents may be recovered through Street Trading Fees and Charges.

Sustainability and Climate Change Implications

7.             None

Legal Implications (to Include Human Rights Implications)

8.             Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 section 9 states:

(1)  A district council may charge such fees as they consider reasonable for the grant or renewal of a street trading licence or a street trading consent.

(2)  A council may determine different fees for different types of licence or consent and, in particular, but without prejudice to the generality of this sub-paragraph, may determine fees differing according -

      (a) to the duration of the licence or consent;

      (b) to the street in which it authorises trading; and

      (c) to the descriptions of the articles in which the holder is authorised to trade.

Crime and Disorder Implications

9.             Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime and disorder implications whilst regulating licensable 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)

10.        The Council is obliged to apply its licensing conditions on an equitable basis in the case of all applications.

Corporate/Service Objectives

11.        To protect the health and safety of the community by ensuring businesses meet legislative requirements, controlling infectious diseases, encouraging responsible dog ownership, controlling pests and regulating animal health and welfare. To maintain a fair and equitable trading environment.

Policy Framework and Budget

12.        The proposals in this report are in accordance with the policy on Framework and Budget.

Consultation (including Ward Member Consultation)

13.        None.

Relevant Scrutiny Committee

14.        Housing and Public Protection.

Background Papers

None

Contact Officer

Kate Thompson, Principal Regulatory Services Officer 01446 709105

Officers Consulted

None

Responsible Officer:

Rob Thomas, Director of Development Services.