Issue details

Application considered:

The Licensing Sub-Committee considered an application for a new Street Trading Consent from Ms. Olga Malolepza (t/a Hampton Fruits) to trade from a static location in Broad Street (opposite Sharman Quinney).

The application requested the ability to sell fruits and vegetables between 09:00 and 18:00 Monday to Saturday.

The application was consulted on correctly with responses requested from the usual consultees. 

The application received one objection from Fenland Council’s Street Scene and Markets Team Leader who did not attend. 

The application has been referred to the Licensing Sub-Committee for determination. 

The Licensing Sub-Committee heard from the Applicant who explained their business model and how they would trade subject to being granted permission. 

Law and Guidance considered:

In reaching its determination, the Licensing Sub-Committee considered:

·         The provisions of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (Control of Street Trading).

·         Fenland District Council’s Policy in respect of Street Trading.

·         The Licensing Officer’s Report in respect of the application to be determined; and

·         Any legal advice provided (as set out below) to it in respect of these types of application.

Legal advice provided:

The Licensing Sub-Committee were reminded of their options in respect of these types of application, namely that the Sub-Committee could:

·         Grant the Street Trading Consent; or

·         Grant the Street Trading Consent modified to the extent that the Sub-Committee feel necessary to grant it; or

·         Refuse the Street Trading Consent.

The Licensing Sub-Committee were reminded of the Policy that applies to applications of this type and that the overriding legislation in respect of Street Trading Consents may be found in Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982.