Venue: Council Chamber - Town Hall
Contact: Jean Sharp (01277 312655)
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Items
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Item |
259. |
Appointment of Chair
Additional documents:
Minutes:
Members resolved that Cllr Newberry should chair this
meeting of the Sub-committee.
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260. |
Administrative Function
Members are respectfully reminded that, in determining the
matters listed below, they are exercising an administrative
function with the civil burden of proof, i.e. ‘on the balance
of probabilities’. The matter
will be determined on the facts before the Sub-Committee and the
rules of natural justice will apply.
Additional documents:
Minutes:
Members were respectfully reminded that, in determining the
matters under consideration, they were exercising an administrative
function with the civil burden of proof, i.e. ‘on the balance
of probabilities’. The matters were determined on the facts
before the Sub-Committee and the rules of natural justice
applied.
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261. |
Consideration of matters under the Street Trading and Market Policy  PDF 129 KB
Additional documents:
Minutes:
Brentwood Borough Council had
adopted schedule 4 of the Local Government (Miscellaneous
Provisions) Act 1982 to designate Brentwood High Street from
Wilsons Corner to its junction with Kings Road and Weald Road as a
‘licence’ Street for the purpose of Street Trading.
This meant that no trading might take place otherwise than in
accordance with an authorisation from the Council and the
Council’s Street Trading and Market Policy.
The report before Members sought
clarification on a matter pertaining to the Council’s Street Trading and Market
Policy; in the first instance seeking
clarification on a matter of policy pertaining to one particular
product type and in the second instance
to identify whether clothing might be
sold by a trader and if so, whether this should be restricted or
conditioned in any way.
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Members were advised that
Jacky’s Boutique was a longstanding trader on the
High Street market, having
operated on a Saturday for some approximately three years and on a
Friday, since Friday trading commenced approximately one year
ago.
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Jacky’s Boutique sold
ladies and children’s clothing and had been permitted to do
so by adopting a broad interpretation of Schedule 4 of the Act and
the Council’s policy. This was because it had been the belief
of Officers that a literal interpretation of these provisions would
disallow clothing of any nature to be sold on the basis that there
were already many outlets in and around the vicinity that stocked
and sold clothes. Instead, a purposive view had been taken to
permit clothing provided that it was not the same or distinctly
similar to clothing sold elsewhere.
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It should be noted that whilst
Jacky’s Boutique had been told that they could not duplicate
stock, this had not to date been put in writing and only verbal
guidance had been given.
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The Sub-Committee considered in detail the
submissions by all parties and had sympathy for the arguments
presented on both sides. They restricted their consideration to the
published policy and the stated intention of the market. In the
Sub-Committee’s view, this policy needed to be reconsidered
by the Planning and Licensing Committee as it had not been amended
since it was introduced.
The Sub-Committee considered issues submitted under the
Competition Act, but did not accept them. Any specification
in the policy of what could and could not be sold would
necessarily restrict market stalls. Paragraph 5.4 of the policy
restricted what could be sold and included excluding all cut
flowers for example.
The stated intention of the market was to provide an
alternative to the High Street with niche products on offer. There
would always be some degree of
duplication from market stalls to shops but it was reasonable for
the Council to set out appropriate conditions that were fair to
all, however.
The Sub-Committee recommended that the policy should be
reviewed by the Planning and Licensing
Committee as soon as possible so that a certain and fair policy was
in place. In dealing with the issues before the Sub-committee, and
in ...
view the full minutes text for item 261.
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