Agenda item

The Sub-Committee gave consideration to an application by Mr John Cradduck for a Temporary Street Trading Licence for a maximum period of 6 months in relation to a pitch measuring 5 x 4 m to be located on the pedestrianised area of High Street, Uxbridge between Marks & Spencer and Greggs Bakery. The proposed pitch would be used to sell fruit and vegetables

The proposed hours of trading were for 6am to 7pm, Monday to Saturday only.

Introduction by Licensing Officer

The Licensing Officer, Stephanie Waterford, introduced the application and report to the Sub-Committee and confirmed that the application had met all Council requirements and that the consultation ended on 30 June 2016.

The Sub-Committee was informed that two letters of objection had been received. One was from Mr Facey, Managing Director of the Uxbridge Market Traders Company (and the second from Mr Bayliss, Centre Manager of the Pavilions Shopping Centre.

Representations made by applicant

Mr Cradduck informed the Sub-Committee that the Temporary Street Trading Licence was required to enable fruit and vegetables to be sold on the pedestrianised area of Uxbridge High Street using a gazebo pop up tent.

Mr Cradduck confirmed that the exact form of the gazebo structure was not yet confirmed and that he would be happy to comply with any Council requirements in this regard. Mr Cradduck also stated that stock would be kept within the Unit under trellis tables and there would be no storage of rubbish on the pitch. The Sub-Committee was informed that it was thought that replenishment of the site would not be necessary during the course of day.

Members queried the proposed operating hours and whether there would be any set up before 6am. In response, Mr Cradduck confirmed that there would be no trading before 6am.

Members also queried how the pitch would affect the running of special events on Uxbridge High Street such as Big Fest, marches and the French Market. In response, Mr Cradduck confirmed that he would be happy to comply with any Council requirements in this regard.

The Chairman queried whether it was possible, given the standard conditions of licence, for trading to take place from 6am when neighbouring shops do not open until 8am. Mr Cradduck confirmed that an 8am start for trading would be acceptable, although he felt that setting up a stall after 8am would be dangerous given the number of pedestrians using Uxbridge High Street at this time.

Mr Cradduck confirmed that the store would only sell fruit and vegetables and that waste would be minimal. The Sub-Committee was informed that the pitch would be cleaned up at the end of the day.

Representations from objectors

Mr Facey informed the Sub-Committee that he had been involved in the management of markets within Uxbridge for 50 years. In relation to the application he questioned whether all products for sale could be contained within the store. Mr Facey considered that it would be necessary to reload on a regular basis and also that cleaning equipment would be required.

Mr Facey queried how this could be safely done when storage facilities were some distance away. Mr Facey stated that he considered the site to be unsuitable and that regular cleaning, including pressure washing would be needed.

Mr Facey also considered that the stall would create rubbish which the applicant would have to deal with. He also stated that he believed that the stall would do nothing to enhance Uxbridge Town Centre and that the fees charged for Street Trading licences significantly undercut those paid by traders at Uxbridge Market.

Discussion

In response to questions about trading hours, Mr Cradduck confirmed that trading would not commence before 8am and would finish by 6pm.

In response to questions raised by the Chairman and the Legal Adviser, Mr Cradduck confirmed that it would be necessary to replenish the pitch during the course of the day. Mr Cradduck confirmed that he would comply with the Council's requirements in this regard and suggested that replenishment could take place using a Dutch trolley. Mr Cradduck also confirmed that no vehicles would be used during trading hours.

Closing Remarks

The Sub-Committee heard closing arguments from all parties before retiring to deliberate.

All parties were asked to leave the room while the Sub-Committee considered its decision.

THE DECISION

The Sub-Committee has considered all relevant representations made and, in doing so, has taken into account the London Local Authorities Act 1990 and the Council's Street Trading Policy.

The decision of the Sub-Committee is to grant a temporary street trading licence to the applicant for a 6 month period subject to the Council's Standard Conditions of Licence and the following additional conditions:

I. Hours of Trading: 8am to 6pm Monday - Saturday

ii. The Trader is not granted vehicular access to Uxbridge High Street during trading hours.

iii. No stock shall be replenished from vehicular storage.

iv. No equipment used for replenishment to be retained on site at any time.

v. No trading may take place under this Temporary Street Trading Licence until such time as the trading stall and/or any associated installations or equipment are approved by the Regulatory Services Team.

The above additional conditions were imposed by the Sub- Committee in accordance with Paragraph 10.7 of the Council's Street Trading Policy in order to protect public safety, to prevent possible public nuisance or environmental damage and to safeguard the appearance of the trading area.