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Agenda Item No 7

The Vale of Glamorgan Council

 

Licensing Committee: 1st September 2015

 

Report of the Director of Visible Services and Housing

 

Application for a Street Trading Consent - Ms Julie Bratcher

 

Purpose of the Report

  1. To ask Members to consider an application for a Street Trading Consent.

Recommendations

After careful consideration of the application and of the contents of the Report, and hearing from the parties involved, Members may wish to consider the following options;

  • Grant the application to trade.
  • Refuse the application giving any reasons for refusal.

Where an application for a Street Trading Consent is refused, there is no right of appeal.

Reason for the Recommendation

To inform the Licensing Committee of the options available to them.

Background

  1. Under Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 all streets in the Vale of Glamorgan have been designated as Consent Streets. The designation relates to street trading, as defined by that Act, in all streets including forecourts, roads, footways, or other areas adjacent to all streets for a distance of 15 metres.
  2. The effect of the designation is to prohibit any person from trading in any street unless they have obtained a Street Trading Consent authorising such activity from the Council.
  3. On 31st July 2015 the Licensing Section received an application for a Street Trading Consent from Julie Bratcher of 31 Heol Berry, Gwaelod-y-Garth, Cardiff, CF15 9HA.

Relevant Issues and Options

  1. The application requests permission to trade from a mobile catering unit, sited on Cosy Corner, Paget Road, Barry Island, on 5th November 2015. A copy of the application is attached at Appendix A to this Report.
  2. The application fee for a Consent to trade for a single day is £12, with an approval fee of £44.
  3. On 3rd August 2015 consultation notices regarding the application were sent to the Commercial Food Team and Highways Departments of the Vale of Glamorgan Council, as well as South Wales Police and Fire Safety.
  4. Elected Members for the Baruc ward were also sent notices regarding the application.
  5. On 6th August 2015 a written objection was received from Cllr Steffan Wiliam. A copy of the message is attached at Appendix B to this Report.

Resource Implications (Financial and Employment)

  1. 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

  1. None.

Legal Implications (to Include Human Rights Implications)

  1. Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 Section 7 states;

(1) An application for a street trading consent or the renewal of such a consent shall be made in writing to the district council.

(2) Subject to sub-paragraph (3) below, the council may grant a consent if they think fit.

(3) A street trading consent shall not be granted-

(a) to a person under the age of 17 years; or

(b) for any trading in a highway to which a control order under section 7 of the Local Government (Miscellaneous Provisions) Act 1976 is in force, other than trading to which the control order does not apply.

(4) When granting or renewing a street trading consent the council may attach such conditions to it as they consider reasonably necessary.

Crime and Disorder Implications

  1. Under Section 17 of the Crime and Disorder Act 1998 the Council has a statutory duty to consider crime, disorder and antisocial behaviour implications whilst regulating licensing activities. The Licensing Authority is committed to reducing crime, disorder and anti social behaviour across the Vale of Glamorgan. Reducing crime and the fear of crime is important to the community, especially vulnerable members of the community such as the very young and elderly.

Equal Opportunities Implications (to include Welsh Language issues)

  1. The Licensing Authority is obliged to deal with all aspects of the Licensing Act 2003 on an impartial and equitable basis. It is also required to apply its Licensing Conditions on an equitable basis in respect of all applications.

Corporate/Service Objectives

  1. 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

  1. The proposals in this Report are in accordance with the policy framework and budget.

Consultation (including Ward Member Consultation)

  1. Cllr Steffan Wiliam, Cllr Nic Hodges

Relevant Scrutiny Committee

  1. Housing and Public Protection.

Background Papers

None

Contact Officer

Amanda Ewington, Licensing Team Leader 01446 709782

Officers Consulted

Richard Price, Lawyer, Legal Services 01446 709409

Responsible Officer:

Miles Punter, Director of Visible Services and Housing

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