Agenda item

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

Thursday 16 November 2023

Membership:           Councillor Robert Eagleton (Chair), Councillor Judith Southern and Councillor Tim Mitchell

Officer Support:       Legal Advisor:         Michael Carson

                                Policy Advisor:         Vanouhi Petrosyan

                                Committee Officer:  Sarah Craddock

                                Presenting Officer:  Bushara Hamida

Application to rescind the designating resolution for designated market namely Bell Street Market

FULL DECISION

Pitch Designation

Bell Street Market is “from Edgware Road east side building line to party line of the Salvation Army Hall and No. 48 Bell Street”. Bell Street Market is comprised of 4 pitches numbered 859 to 862 inclusive.  Bell Street Market has not been licensed for in excess of 10 years.

Applicant

Westminster City Council’s Licensing Street Trading Team

Ward

Church street

Summary of Application

The Licensing Sub-Committee is asked to rescind the designating resolution for designated market namely Bell Street Market as recommended by officers.

Representations Received

Two representations were received, one having no objection (The Metropolitan Police) and the other making no comment as it had no interest in the market  (West End Street Trading Association)

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 Bushara Hamida, the Presenting Officer, introduced the application. 

Ms Hamida confirmed that the Licensing Service had received a ‘no objection’ comment from the Metropolitan Police and that no comments had been received from the Highways Authority.  She further added that the West End Street Trading Association had confirmed that they had no representations to make in respect of the Council’s proposals to rescind the designation for Bell Street Market.

Ms Hamida advised that the original designation had been determined by the Licensing Sub Committee and therefore the rescinding of the designating resolution  should also be determined by the Licensing Sub Committee.

The Sub-Committee noted that Bell Street Market was a historic market which had fallen into disuse and that there was no local demand for it. 

The Sub Committee also 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 to rescind the designation resolution for the designated market namely Bell Street Market.

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

The Licensing Sub-Committee

16 November 2023