Agenda and minutes

Apologies for absence had been received from Mrs Knightley.

Post meeting note:  Apologies were received from Mr Jarvis who had not been notified of the meeting.

To approve as a correct record the minutes of the General Licensing Committee held on 22 October 2014.

That the Minutes of the General Licensing Committee meeting held on 22 October 2014 be approved and signed by the Chairman as a correct record.

Chairman to announce any urgent items which due to special circumstances are to be dealt with under agenda item 7(b).

There were no urgent items for consideration at the meeting.

Members and officers are reminded to make any declarations of disclosable pecuniary, personal and/or prejudicial interests they may have in respect of matters on the agenda for this meeting.

There were no declarations of interest in respect of items on the agenda for the meeting.

Questions submitted by members of the public in writing by noon on the previous working day (for a period of up to 15 minutes).

No public questions had been submitted.

To approve changes to the Street Trading Guidance.

The Committee considered the following report copy attached to the official Minutes).

Mr Foord introduced this report and provided the background to street trading within the Chichester City. Since 1991 East Street and North Street had been prohibited streets for street trading purposes and as a result the only way that street trading could take place in these areas was by obtaining a street trading consent or by operating under a pedlar’s certificate.  These certificates were issued by the Police and enabled an individual pedlar to operate as a pedlar anywhere in the country.  The main applications received for street trading consents were from known market providers such as those who ran the Christmas, summer and local food fairs markets, as well as Chichester District Council for its farmers market.

He referred to a report to be considered by Cabinet later in the year concerning the wider provision of markets in the area following consideration by the Traders Market Task and Finish Group of current practices.  He advised that the amendment of the Street Trading Guidance would supplement that work.  He advised that the Council’s charging regime for street trading consents was limited to cost recovery under legislation unlike the private market operators. 

Each year four or five privately operated markets took place in East Street and North Street for which the Council received an income of approximately £2,000.  It was for the Committee to consider if a review of the current Street Trading Guidance and the current fees was deemed appropriate.  The Council had a challenging time dealing with pedlars and explained that one suggestion was to look at the restriction on the number of stall holders which was currently no less than 10 allowed to see if a smaller number of stalls could be permitted. 

Mr Bennett explained that the legislation regarding the Council’s charging powers was complex and that it was important that the charges were not considered to be an additional tax by charging more than the Council’s administrative costs.  With regard to the proposal to allow smaller groups of stall holders than 10, there were some concerns in respect of the Council’s enforcement powers.  There was a concern that by making the number of stall holders too low those persons acting improperly could use the lower number allowed as part of their defence.  The current limit made clear the definition between a large market and a group of pedlars. 

Mr Foord answered questions with particular reference to the income received by the Council for the farmers market as well as how the different types of market and street trading worked.  Mrs McKay added that the fee obtained by the Council for the traders market was a commercial fee.  Comment was made by the Chairman questioning whether the current operator of the general market for the traders market was pricing out the traders.  Mrs McKay responded that when the contract with the current operator of the general market expired the Council would go out to tender.  ...  view the full minutes text for item 6.

There are no restricted items for consideration.

However, the document listed below includes information which is considered to be exempt under Paragraph 3 of Schedule 12A of the Local Government Act 1972 and is attached for members of the General Licensing Committee and senior officers only (salmon paper).  If the discussions in respect of item 5 on the agenda above so warrant it, the Committee will be asked to consider whether the public, including the press, should be excluded from the meeting on the grounds of exemption under Paragraph 3 of Schedule 12A of the Local Government Act 1972, because, in all the circumstances of the case, the public interest in maintaining the exemption of that information outweighs the public interest in disclosing the information.

5 Street Trading Guidance – Changes to Charges and Restrictions on Stall Numbers

Appendix 2 – Indications of potential levels of charges and income

Resolved

That, in accordance with the section 100A of the Local Government Act 1972 the Act), the public and the press be excluded from the meeting during the consideration of the following items on the Agenda for the reason that it is likely in view of the nature of the business to be transacted that there would be disclosure to the public of “exempt information” being information of the nature described in Paragraph 3 (information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Part I of Schedule 12A to the Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

The Committee considered the Part II appendix (Charges and Regulations of Street Trading, Chichester City) to the Street Trading Guidance – changes to Charges and Restrictions on Stall Numbers report.

Mrs McKay provided details of the current and potential charges for street trading within the Chichester City, how these figures were arrived at and responded to questions from the Committee.

At the end of this item the committee resumed in open session in order to consider the outstanding Part I items of business.

To approve the draft Housing and Environment Services enforcement policy for adoption.

The Committee considered the following report (copy attached to the official minutes).

Mr Brightmore introduced this report and explained that the current Housing and Environment Services Enforcement Policy had required updating to take into account changes to Government legislation and guidance.  The draft Policy had also been simplified to make it easier for those who were the subject of enforcement action to read. 

Officers responded to members questions.  Mr Brightmore confirmed that where there were mitigating factors that had led to an offence these would be taken into account and he added that prosecution proceedings were only taken by the Council as a last resort.  With regard to the public interest test and the issue of financial gain arising from an offence, Mr Bennett advised that the sentencing guidelines required the offender to be punished more severely.  The guidelines also advised that when the Council was assessing whether or not to take enforcement action, it should focus on offences that the courts would take more seriously.

Resolved

That the draft Housing and Environment Services Enforcement Policy be adopted.

(a)  Items added to the agenda papers and made available for public inspection;

(b)  Items which the chairman has agreed should be taken as matters of urgency by reason of special circumstances to be reported at the meeting.

There were no late items for consideration.