Agenda item

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

Wednesday 12 January 2022

Membership:           Councillor Murad Gassanly (Chair), Councillor Rita Begum

Apologies: Councillor Susie Burbridge

Officer Support:       Legal Advisor:         Michael Carson

                                Policy Officer:          Aaron Hardy

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Shannon Pring

Application to vary the designation resolution passed by the Council on 25 July 1990 to rescind the designation of Pitch 934 Orchard Street

-21/13882/RESCIN

FULL DECISION

Pitch Designation

Orchard St footway outside Marks and Spencer length commencing 2.13m Oxford Street side of column. (Additional length of 1.22m allowed but extra length to be a maximum height of 0.91m)

Applicant

Westminster City Council’s Licensing Street Trading Team

Licence Holder

Represented by Nicola Kerr and David Chambers (West End Street Trading Association)

Ward

Marylebone High Street

Summary of Application

The Licensing Sub-Committee is asked to vary the designating resolution passed by the Council on 25 July 1990 to rescind the designation of Pitch 934 Orchard Street as recommended by officers.

Representations Received

Two representations received in support of the application

(West End Street Trading Association and a local resident)

Policy Considerations

1.     Street Trading Policy

a)          Policy ST5 within the City of Westminster Statement of Street Licensing Policy relates to the designation and de-designation of street trading pitches. However, the Licensing Service requests that the committee consider this application as an exception to this policy.

Designation and De-designation- Policy ST5

(i)  The Licensing authority will designate specific resolution for licensed street trading.

(ii)The Licensing authority may de-designate pitches that are no longer suitable for licensed street trading.

(iii)   The Licensing authority will not designate any new isolated street trading pitches, apart from in exceptional circumstances.

Policy ST5(2) states that the Licensing authority may, subject to the appropriate consultation and notification procedures, de-designate street trading pitches where in the opinion of the licensing authority, they are no longer suitable for street trading. The circumstances under which a location may be considered not suitable include:

(a)    It has not been used for trading for a period of greater than six months;

(b)    There has been altered circumstances due to the increased pedestrian footfall resulting from altered highways layouts, public realms improvements or construction projects;

(c)    Where there is new development and the siting and operation of the trading pitch would adversely affect local pedestrian flow or cause congestion, including close to the transport stops or stations.

SUBMISSIONS AND REASONS

Ms Shannon Pring, the Presenting Officer, introduced the application.  She advised the Sub-Committee that there was an error in the report circulated to all parties in that they recorded that any appeal against the Committee’s decision to rescind the designation of street trading Pitch 934 on Orchard Street would be to the Secretary of State.  She updated that any appeal was actually to the Magistrates’ Court.  Ms Pring further advised that the Licence Holder was being represented by the West End Street Trading Association and was not in attendance at the hearing. 

Mr David Chambers, representing the Licence Holder, advised the Sub-Committee that the Licence Holder was very happy with the private agreement reached with the local stakeholder who wished to secure the designation of the street trading pitch at Orchard Street to carry out approved redevelopment.  The Sub-Committee noted that there were no objections to the application.

Having carefully considered the committee papers and the submissions made by all the parties, both orally and in writing, the Sub-Committee has decided, after taking into account all the circumstances of this application that approval be given that the  designation resolution passed by the Council on 25 July 1990 be varied to rescind the designation of street trading Pitch 934 Orchard Street.

This is the Full Decision of the Licensing Sub-Committee which takes effect forthwith

The Licensing Sub-Committee

12 January 2022