To receive the report (No 121) of the Director Environment and Street Scene.

RECEIVED the report of the Director of Environment Street Scene and Parks (Report No.121) Street Trading Policy, introduced by Mark Galvayne, Licensing Officer.

NOTED

1.         The report had been considered at the previous Licensing Committee hearing and at Council on 17 September 2008.

2.         In order to enact the Street Trading Policy, Council must pass a Resolution to designate streets within the borough for street trading.

3.         One representation had been received from the Green Lanes Business Association.  Mark Galvayne would write to them on behalf of Councillor Neville to say that the Council were in support of local businesses and the farmers market would not conflict with local traders.

4.         The Chairman recommended that the decision to remove or amend resolutions 2 & 3 should be a decision for full Council.

AGREED that the resolution on the agenda be agreed for submission to the Council with the decision as to whether to amend or remove the references to occasional farmers market and short term seasonal markets as requested by the Green Lanes Business Assocation being left to the council to determine.

To receive the report (No 62) of the Director Environment and Street Scene.

 RECEIVED the report of the Director of Environment Street Scene and Parks (Report No.62) Street Trading Policy, introduced by Mark Galvayne, Licensing Officer.

NOTED

1.         Mark Galvayne introduced the Draft Street Trading Policy.

2.         The details of the responses to the consultation process.

3.         The Committee discussed the Policy and highlighted some typographical errors and clarifications and officers undertook to make the necessary amendments.

4.         The Licensing Committee were invited to put forward suggested amendments / comments.

5.            Consultation (3.2) in the Draft Policy – ‘Interested Parties’ intending to refuse consent or to request conditions’ to add ‘must specify the reasons’ and be advised that ‘competitive trading’ would not be a justifiable reason to refuse consent.

6.         Hours of Operation and removal of tables and chairs (8.2) – ‘The Council will not approve applications for the use of tables and chairs beyond 11 pm even if the applicant has the relevant licences and permissions to operate until a later time’ amend to read: ‘the Council will not usually’.

            (8.1 –8.3) Inconsistency  ‘tables and chairs must be removed at specified hours, which will vary according to individual circumstances’ – ‘service at the tables must finish earlier than 11 pm and customers should be made aware that the tables and chairs must be removed by that time’. This would need to be clarified in the final draft of the policy.

7.         Safety and Design of Other Equipment (11.5) The use of patio heaters – to recommend that patio heaters should not be permitted for use outside premises.

8.            Appendix – List of Streets agreed that the list of ‘Primary Licensed Streets’ and ‘Secondary Licensed Streets’ be revised and combined.

9.            Unobstructed pavement width should be at least 2 metres from edge of business to kerb edge.

10.            Traders who did not give consent to an application for a Farmers Market in Ashfield Parade, would have to give specific reasons, and in the instance of a reason such as potential noise nuisance, this would be for the Licensing Sub Committee to make a decision.

11.       Mark Galvayne advised that the consultation was broadly circulated including Enfield Trading Associations, and was also published on the Council’s website.

12.            Specialist Markets regenerate areas of trading and should be looked upon as a positive enhancement.

AGREED subject to amendments the Street Trading Policy be submitted to

Council on Wednesday 17 September 2008 for approval.

To receive the report (No.148) of the Director of Environment Street Scene and Parks.

RECEIVED the report of the Director of Environment Street Scene and Parks (Report No. 148) Licensing and Gambling Code of Conduct.