Agenda item

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 then there is de facto denial of judicial review.

A District Council are under no duty to grant a street trading consent and need not specify statutory grounds for refusal. However in the case of R v The Mayor and Commonalty and Citizens of the City of London ex parte Matson, the Court highlighted the need for decision makers to give reasons in the interests of fairness and to enable judicial review proceedings to become available.

The Principal Licensing Officer explained that objections had been raised by the Highways Officer on 3 of the sites and asked that the following conditions/additions were made;

2. New Market Street – cobbled area only

3. Bridge Street – not recommended

7. Legion Car Park – subject to road closure.

The Traffic and Network Management sections will require to know in advance of any event taking place in Usk, as this will allow any potential conflicts to be identified (such as a utility working on a diversion route etc).

Following the report Members discussed the following points:

·         It was asked if existing local traders had been consulted and if they had raised any objections. We were told that the application was backed by the local Chamber of Commerce and full supported by the Town Council.

·         We were reminded that applications for street closures need to be done well in advance.

·         Concerns were raised that scheduled events may clash and we were advised that there is a calendar of events to ensure events do not clash and other bodies in MCC are notified and kept updated to prevent this.

·         Members asked for a brief overview of events and were told that there would be a main festival 2^nd & 3^rd of July and a monthly market.

Members unanimously resolved to grant the application for a Block Street Trading Consent to trade in Usk, Town Centre, subject to the amendments made by Highways.