Agenda item

To consider the attached report for the renewal of a street trading consent.

The three Councillors that presided over this application were Councillors R. Morgan (Chairman), I. Hadley and D. Sunger.

The Chairman introduced the Members and Officers present and outlined the procedure that would be followed for the determination of the application. The objector, Ms Smith, was in attendance

(a)        Application before the Sub-Committee

The Licensing Compliance Officer, D Gould informed the Sub-Committee that an application for a renewal of an existing Street Trading Consent had been received from the Debden Traders Association, to trade with stalls for a market for the sale of mixed goods, to include hot and cold food and drinks at The Broadway, Loughton, Essex, IG10 3ST, during the following hours:

Monday to Saturday  08.00 – 17.00pm, and

Sunday                      10.00 – 16.00pm.

The application was received on the 12 October 2020.  This was a late submission and should have been submitted on or before 7 October 2020. The renewal of this Trading Consent had been late over several years and  a warning letter was issued for the consent in 2019, this was renewed 4 months late in February 2020.Historically the consent was for 2 days per week. In 2016 an application was made to trade for 7 days per week, no objections were received and the Street Trading Consent was granted.

There was no requirement in the Local Government Miscellaneous Provisions Act 1982 Act to carry out any consultation, but the Licensing Officer notified Essex Police, Essex Fire and Rescue Service, Environmental Team, Public Health, Essex County Council Highways, Loughton Town Council and the ward councillors and a public notice was placed at the site.

The authority received comments from Essex Fire and Rescue and Essex County Council Highways and one representation of objection from a local business.

(b)       Presentation of the Application

The applicant had advised that he would not be in attendance.

(c)        Presentation from the Objector

Ms Smith, the objector, detailed that the applicant had historically had one table outside his shop, in the last two years the size and number of tables had increased and the larger display had impacted on her business. She had unsuccessfully tried to negotiate directly with Mr Sparks in relation to compatible pricing between the two parties. She stated that during lockdown there had been an additional expansion outside the businesses that had been forced to closed.  She had raised concerns with the Council in relation to: the COVID safety of the arrangement and the stalls had been dispersed along The Broadway; the parking of a van; and questioned if Mr Peters was running the stall.

She advised the Committee that she had not seen the notice that should have been on the lamppost and detailed the content of a leaflet that had been circulated that said market stalls were available but they must not jeopardise any other business.

(d)       Questions for the Objector from the Sub-Committee

The Sub-Committee sought clarity around the number of stalls, Ms Smith advised that 8 years ago there was 1 table outside the shop now there were 4-5 tables and that had increased during the lockdown. Other stalls were present on a Thursday.

The Sub-Committee asked if Ms Smith had complained, she said that she had and the Licensing Officer confirmed the complaint was attached to her objection.

The Sub-Committee asked for details on the frequency that the van was parked, Ms Smith stated that this was parked every day at least twice a day for up to an hour and it was sometimes parked longways or on the  pavement.

The Sub-Committee sought clarity from the Licensing Officer around the late application, if there was a restriction on the size of the pitch and the extent to which stalls could be put up along The Broadway. D Houghton advised the Sub-Committee that she had been responsible for street trading for two years and had issued a warning in regard to the late application. The License expired on 7 October 2020, the application was a few days late which was deemed acceptable due to COVID restrictions, trading had been allowed to continue until the application was determined by the Sub- Committee. She detailed that there was no specific restriction in relation to the size of pitches and that there was nothing to restrict the numbers. She was not aware of the current numbers but believed there were currently three other stalls.

(e)        Closing Statement from the Applicant

Ms Smith stated that she had no objections when this was a single table and that her objections related to the expanded number of tables outside the premises.

(f)        Consideration of the Application by the Sub-Committee

The Chairman advised that the Sub-Committee would go into private deliberations to consider the application. During their deliberations the Sub-Committee received advice from the Legal Officer, on the powers to impose conditions if the consent was granted.

RESOLVED:

That the application for a renewal of a Street Trading Consent to trade at Debden Broadway Street Market, The Broadway, Loughton Essex IG10 be granted subject to the standard conditions for a Street Trading Consent and the following conditions:

1)    The hours of operation:

Saturday between 8pm to 5pm, and

Sunday between 10am to 2pm

2)    The consent was NOT transferrable, and

3)    Trading shall be confined to the space available at the front of their premises only.

This reason for the decision of the subcommittee was to provide fairness to other retailers.