Report to the LICENSING COMMITTEE Ward(s): Bransholme West 10 th June 2013 Ref: STR/13/042
Grant of Application for Street Trading Consent
Report of the Corporate Director of City Services
1. Purpose of the Report and Summary
1.1 This report requests Committee to consider an application for street trading where the operator wishes to utilise an area not previously approved.
2. Recommendations
2.1 That Committee consider the application in light of the details outlined in section 5 of the report.
3 Background
3.1 In considering a request to street trade, Committee must consider the types of goods to be sold, the competition between shops and other traders, the position from which trading takes place, the time and days that the applicant wishes to trade and the effects of any possible nuisance.
3.2 The street trading consent year runs from 1 st April and prior to the expiry date applications are made to renew the consent.
3.3 There is no statutory limitation on the Council’s power to revoke or refuse to renew a street trading consent. In addition, there is no right of appeal against the refusal to grant or renew consent or against the revocation or variation of consent.
3.4 Section 17 of the Crime and Disorder Act, 1998 states: "Without prejudice to any other obligations imposed upon it, it shall be the duty of each authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all it reasonably can to prevent crime and disorder in its area."
4. Issues for Consideration
4.1 The Licensing Section received an application, on 11 April 2013 from Mr Kevin Brumhead, for the grant of a street trading consent.
4.2 The applicant seeks to sell Plants, Baskets, Tubs and Garden Accessories from a proposed location on Roborough Close, Hull, Monday to Sunday, 9.00am to 5.00pm. 4.3 A map, plan and photographs of the proposed location are included with the Committee Papers.
4.4 Ward members have been informed of the application.
4.5 No objections in respect of the application have been received.
4.6 Roborough Close faces North Point Shopping Centre Car Park, which is a particularly busy car park. Roborough Close is largely residential and there are no parking restrictions, although the existence of a consented hot food trader in the same location may make positioning of a flower trailer difficult.
4.7 Wilkinson’s store, Morrison’s, Boyes, Poundstretcher, Home Bargains and Poundland which are located in the car park units or within the shopping centre also sell plants and other garden equipment.
4.8 If approved the application would generate an income of £400.00 per annum.
5. Options and Risk Assessment
5.1 To approve the application
5.2 To refuse the application
6. Consultation
6.1 No formal consultation has taken place regarding the application.
7. Monitoring Officer Assurance Statement
7.1 The Local Government (Miscellaneous Provisions) Act 1982 gives an authority a wide discretion to grant or renew a Street Trading Consent upon such terms as are considered reasonably necessary to prevent obstruction, nuisance or annoyance whether to persons using the street or otherwise. There is no statutory right of appeal against a refusal or a conditional grant but the authority may be subject to challenge by way of Judicial Review if bias, unfairness or procedural irregularity is alleged.
The Monitoring Officer is satisfied that the contents of this report are compliant with all relevant legislation.
8. Section 151 Officer Assurance Statement
8.1 The City Treasurer notes the report, but in the absence of any significant financial implications has no specific comments.
9. Comments of Head of Human Resources
9.1 The City HR Manager has been consulted but as there do not appear to be any staffing implications she has no comment to make.
10. Comments of Overview and Scrutiny
10.1 Scrutiny comments are not required for this report.
11. Conclusions
11.1 Whilst there is no parking restrictions, with an existing hot food trader already sited on Roborough Close, the positioning of another trailer may prove difficult. Also there are a number of retail outlets sited at North Point Shopping Centre that already sell plants and garden accessories.
11.2 The members of the Committee consider the application for a street trading consent in light of the comments from members, from the applicant and the Council’s policy on street trading.
Trish Dalby Corporate Director of City Services
Contact Officer: Keith Fenner Telephone No. : 5506
Officer Interests : None
Background Documents: Ref: STR/13/042 Date: 13 May 2013