Agenda and minutes

We received apologies from County Councillor A. Webb.

None received.

We confirmed and signed the minutes of the previous meeting held on the 22^nd March 2016.

The Committee were required to consider Block Street Trading Consent to trade in Usk. Two members of Usk Markets and Festivals Committee for Usk Town Centre, attended the meeting to provide Members with relevant information. 

An application was received on 13^th April 2016 from Mr Phillip Mungeam, on behalf of Usk Markets and Festivals Committee for Usk Town Centre. The application request is to trade on Sunday to Thursday between the hours of 09:00hrs until 18:00hrs and Friday to Saturday between the hours of 09.00hrs until 23.00hrs. The location and number of pitches requested in the application form for Usk Town Centre are as follows:-

 Twyn Square, Usk – Subject to road closure (2 pitches)

 New Market Street, Usk (4 pitches)

 Bridge Street, Usk (4 pitches)

 Twyn Square Car Park, Usk (12 pitches)

 Owain Glyndwr Field, Maryport Street, Usk (2 pitches)

 Maryport Street, Usk – park area next to number 3 (2 pitches)

 Sitting Area Outside Coop (2 pitches)

 Legion Car Park, New Market Street, Usk (2 pitches)

 Conigar, riverbank next to Usk Bridge (4 pitches)

 Car Park in Twyn Square (18 pitches)

The total pitches requested for Usk Town Centre is 52 pitches.

The applicant has further stated that if the consent is granted he will ensure pitch holders will comply with the Council’s conditions for the consent. The applicant has stated within Section 2 of the application form that each person requesting a pitch will be required to complete an “Application for a Day Market Pitch”, which will be issued by Usk Markets and Festivals Committee.

The application was forwarded to the consultees (Appendix A), these being

Heddlu Gwent Police, Monmouthshire Planning Department, Monmouthshire

Environmental Health Department and the Local Ward Member. No objections

were received on this application.

Section 13 of the Street Trading Policy adopted by this Authority on 9th February 2016 states;

An Authorised Officer will approve the application if it:-

 Meets the criteria and

 There are no reasonable and appropriate objections.

And further states, “Except where objections are received for safety reasons the Head of Regulatory Services can determine the application or defer the matter to the Licensing and Regulatory Committee.”

The Head of Regulatory Services has decided in this instance to defer the matter to the Licensing and Regulatory Committee for a decision, due to the application being a new application for a permanent consent, which will include a number of pitches with wider potential impact.

Under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 Part III there is no right of appeal against the refusal to grant or renew a consent or against the revocation or variation of a consent.

As there is no statutory right of appeal the applicant has the right to seek judicial review. As a judicial review is largely about the decision making process, it is difficult to see how any judicial review application could be made, when the applicant understands the reasons for the Members decision. If reasons are not given  ...  view the full minutes text for item 4.

Members were asked to consider the following;

Information of the approved waiver of fee for the day block street trading event on 2nd May 2016 at Magor Square, submitted by Magor Benefice Churchmen, and approved by the Chair of the Licensing & Regulatory Committee

To consider the waiver of fees for future applications submitted by Magor Benefice Churchmen for day block street trading consents.

It is recommended that Members consider the waiver of fees for future applications submitted by Magor Benefice Churchmen for day block street trading consents.

An application was received on 28th March 2016 for a day block street trading

consent from Mr Kevin Gunn, on behalf of Mr Robert Ollerton of Magor Benefice Churchmen for Magor Square. The application was for a day block street trading consent for the Magor Mayfayre event for stalls on 2nd May 2016.

The applicant on submitting the application referred to in 3.1 above further requested by e-mail on 28th March 2016 the fee be waivered for this event stating “it is run on an entirely voluntary basis, and all events are put on to raise money for local charities and charitable causes

Item 9 of the Street Trading Policy adopted by this Authority on 9th April 2016

states:-

A fee will not be required for fetes, carnivals and similar charitable and non-commercial events in certain exceptional circumstances, and at the approval of the Licensing and Regulatory Committee. In such circumstances, each application will be treated on its own merit.

The request was unable to go to the full Licensing and Regulatory Committee for a decision as the Committee following submission of the application would not be heard until 3rd May 2016 and the event is on 2nd May 2016.

As such, an urgent request was made by the Licensing Section with the Chair of the Licensing and Regulatory Committee on 20th April 2016 to decide whether the fee should be waivered. The request was made following consultation of the application, of which no responses against the grant of the consent was received.

The Chair, on behalf of the Licensing and Regulatory Committee agreed to waiver the fee by e-mail on 20th April 2016, and the consent has been duly processed.

Magor Benefice Churchmen hold a similar event in December in Magor Square, referred to as Magor Frost Fayre. The report request Members consider the waiver of fees for all future events organised by Magor Benefice Churchmen who run non-commercial charitable events.

Magor Benefice Churchmen will still be required to apply for a consent for each event and the Licensing Section will request they confirm the event on each application is processed is of a similar nature.

If Members approve the waiver of fees for future events. The Licensing Section will assess each application made for a consent and if there is any element of doubt as to the nature of the event the matter will be deferred to the Licensing and Regulatory Committee for a decision.

After hearing from the Principal  ...  view the full minutes text for item 5a

The Head of Regulatory Services reported to Members that the Licensing section had received a request, last week, regarding a fee waiver for two street auctions in the county. Unfortunately the paperwork had not been received in time to share with the Committee, so a verbal summary was provided.

The request for a waiver of our Street Trading fees has been received from the BBC. They intend holding two street auctions, to include street parties and various stalls. Both events are non-commercial with proceeds going to charitable causes. They are to be held (1) 9 – 18.00, 28^th May in ‘Meadway’, Rogiet, and (2) same hours, 29^th May, Wellfield Close, Abergavenny.

Members agreed to waiver the fees, subject to the Head of Regulatory Services sharing the relevant documentation, when available, with the Chair of the Committee. It was noted that the two road closures had already been applied for and were now being processed.

14^th June 2016 at 10am

14^th June 2016 at 10.00am