Purpose

Application considered:

The Licensing Sub-Committee (“the Committee”) heard an application for a new street trading consent (“the Application”) from Olga Malolepsza (“the Applicant”). 

Law and guidance considered:

In reaching its determination, the Committee considered:

1.    The provisions of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (Control of Street Trading).

2.    Fenland District Council’s policy in respect of Street Trading.

3.    The Licensing Officer’s report in respect of the application to be determined; and

4.    Any legal advice provided (as set out below) to it in respect of these types of application.

Legal advice provided:

The Committee were reminded of their options in respect of these types of application, namely that the Sub-Committee could:

1.    Grant the Street Trading Consent; or

2.    Grant the Street Trading Consent modified to the extent that the Sub- Committee feel necessary to grant it; or

3.    Refuse the Street Trading Consent.

The Licensing Sub-Committee were reminded of the Policy that applies to applications of this type and that the overriding legislation in respect of Street Trading Consents may be found in Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982.

As to the requirement for planning permission, the Committee were advised that licensing and planning are separate regimes dealing with separate, albeit linked, considerations. The granting of a licence (or in this case a consent) does not alleviate the need for planning permission where planning permission is required. Likewise, the grant of planning permission does not permit street trading. Planning is a consideration within the Licensing Authority’s policy, but it does not preclude the granting of a consent.

Matters found to be irrelevant in this case:

None.

Decision

The Committee resolved to GRANT the Application subject to the Licensing Authority’s standard conditions and two (2) additional conditions which replicate the additional conditions on the Applicant’s extant consent. The additional conditions are as follows:

The Consent Holder shall not engage in Street Trading at any time when the March Market is operating or when a specific event is taking place in March town centre (save with the express permission of the Licensing Manager of Fenland District Council).

The Consent Holder shall not bring any motorised vehicle onto the pedestrianised footway of Broad Street and any loading or unloading of goods and/or stalls shall take place manually from a recognised loading bay. 

Reason for reaching the decision:

The Committee noted that this was an application to add an additional day of trade to the Applicant’s existing consent.

The Applicant explained that being unable to trade during the March Market hours made trading on Wednesdays and Saturdays largely unviable and Sunday was sought to make up those hours. The Committee understood and accepted this.

The Planning Officer’s comments regarding planning permission were noted, as was the legal advice regarding the difference between licensing and planning regimes.

PLEASE NOTE:

The Council’s Street Trading Policy sets out an Applicant’s right of appeal in respect of a decision of the Committee that they are unhappy with (see para. 22). In essence, the procedure is an appeal back to a differently constituted Committee with an opportunity to provide additional evidence. The Committee will also hear from the Chair of the Committee that was involved with the original Application.

Any party aggrieved by the decision of the Committee is invited to speak with the Licensing Manager in the first instance.