LICENSING COMMITTEE AGENDA - Hartlepool Borough Council

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Licensing Committ ee - Minutes and Decision Rec ord – 12 April 2006 3.1 LICENSING COMMITTEE MINUTES AND DECISION RECORD 12 April 2006 Present: Councillor Stan Kaiser (In the Chair) Councillors : John Ca mbridge, Rob Cook, Sheila Griffin, Gerard Hall, Dr George Morris, Carl Richards on, Trevor Rogan, V ic Tumilty and Gladys Worthy. Officers : Ralph Harrison, Head of Public Protection and Housing Tony MacNab, Solicitor PC Mic k Bear d, Cleveland Polic e Dav id Cos grove, Princ ipal Democr atic Services Officer Also present: Mr and Mrs G Mas terman (A pplicant) and Mr S Catterall (Applicant’s Solicitor). 64. Apologies for Absence Councillors Bob Flintoff, Peter Jackson, Geoff Lilley and Pat Ray ner 65. Declarations of interest by me mbers None. 66. Confirmation of the minutes of the meeting held on 15th March 2006 Conf ir med. The Chairman referred to the previous meeting w hen the applic ation from Mr Masterman had first been plac ed on the Committee’s agenda. Unfortunately , the meeting on 15 Marc h 2006 had not proc eeded due to the lac k of a quorum of members. The meeting w as reconvened the follow ing day but the applic ant and his representative had been unable to attend that day. The Head of Public Protection and Hous ing c ommented that he considered that the record of apologies for abs enc e at the meeting on 15 Marc h 2005 did not reflect those actually given at the meeting. 06.04. 12 - Licensi ng Cttee Minut es and D ecision R ecord 1 Hartlepool Bor ough Council
Licensing Committ ee - Minutes and Decision Rec ord – 12 April 2006 3.1 67. Application for Street Trading Consent – Red Gap Farm Lay-b y, A19 (Head of Public Protecti on and Housing) Purpose of report To consider an application for a Street Trading Cons ent for the A19 northbound lay-by near to Red Gap farm. Issue(s) for consideration by the Committee The Head of Public Protection and Housing reported that on 2nd Marc h 2005 it w as resolved that parts of the Local Government (Misc ellaneous Provis ions) Act 1982 be adopted to have the effect of requiring permiss ions to be obtained for street trading in Hartlepool. Any one w ishing to trade from any street in Hartlepool, except a prohibited street, is required to obtain from the Council a Street Trading Licence or a Street Trading Consent. An application for a Street Trading Consent has been received from Mr Gary Masterman c onc erning a propos ed trading site at the A 19 northbound lay-by near to Red Gap farm. Mr Masterman claims to have traded from this site since 1982 but, until the adoption of street trading controls in Hartlepool last year, no trading permit has previous ly been required. Follow ing a c ons ultation period, objections have been received to the applic ation from the Highw ays Agency (Appendix I) and Cleveland Police (Appendix II). Both objections relate to the propos al by the Highw ays Agency to introduce a Traffic Regulation Order (TRO) to restrict w aiting in this lay-by. The effect of this w ould be to alter the layout of the area, narrow ing the road and effectiv ely meaning that the lay-by w ould become an access road to the farm and neighbouring properties only. The Polic e hav e indicated that if the TRO w ere to go ahead, and the road be narrow ed, any parked vehicle w ould effectively be obstructing the highway. Mr Catterall (Mr Masterman’s legal repres entativ e) addressed the committee on behalf of Mr Masterman. Mr Catterall indicated that Mr Masterman had been trading in the lay-by since 1982 and produced for the Committee’s information a copy of a “Haw ker of Food Regis tration Certificate” iss ued by the Council in A ugust 1984. Mr Catterall referred to the prosec ution brought by the Police agains t Mr Masterman as s et out in the report. In 2002 action w as taken agains t Mr Masterman by the Highw ays Agency for a breac h of a ‘c learw ay order’ concerning his trading in the lay-by. Mr Catterall s tated that the action w as subsequently dropped by the Crow n Pros ecution Servic e as it w as not in the public interest. In relation to the comments form the Highw ays Agency and the Polic e in relation to the poss ible implementation of restrictions in the lay-by, Mr Catterall indicated that he had made attempts to ascertain w hat restrictions may be implemented and w hen. The Highw ays Agency had replied (letter c irculated 06.04. 12 - Licensi ng Cttee Minut es and D ecision R ecord 2 Hartlepool Bor ough Council
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LICENSING COMMITTEE AGENDA - Hartlepool Borough Council

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