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Agenda and minutes

Venue: This will be a virtual meeting

Contact: Toby Howes, Senior Committee and Governance Officer  Email:  thowes@westminster.gov.uk Tel: 07815 663 854

Media

Items
No. Item

1.

Membership

To report any changes to the membership.

Minutes:

There were no changes to the Membership of the Sub Committee.

Members Present:      Councillors Tim Mitchell (Chairman), Richard Elcho, and Maggie Carman.

Officer Support:          Legal Officer:                                      Horatio Chance

                                      Policy Officer:                                      Terry Simpkin

                                      Committee Officers:                                       Toby Howes

                                                                            Cameron MacLean

                                      Presenting Officers:                                      Shannon Pring

                                                                            Francisco Franco-Mendes

INTRODUCTION

The Chairman welcomed everyone to the meeting and introduced the Members of the Sub Committee and the Council Officers who would be supporting the Sub Committee. The Chairman explained the procedure that would be followed at the meeting.

2.

Declarations of Interest

To receive declarations by Members and Officers of the existence and nature of any pecuniary interests or any other significant interest in matters on this agenda.

Minutes:

1. 

There were no Declarations of Interest.

1.

Pitch 3028 Broadwick Street pdf icon PDF 14 MB

Ward
CIA*

Site Name & Address

Application
Type

Licensing Reference No.

West End

Leanne Gellel

Pitch 3028

Broadwick Street

 

Street Trading Licence – variation

05/04758/LI_STE

*Cumulative Impact Area

 

Additional documents:

Minutes:

Present:                       Ms Rebecca St. Rose, Team Manager, and Ms Michelle Steward, Senior Licensing Officer (backup for Ms Pring): Public Protection and Licensing; Mr Anil Drayan, Environmental Health Officer, and Mr Ian Watson, Senior Practitioner (backup for Mr Drayan): Environmental Health Service; and Mr Jonathan Green, City Inspector, Markets, and Mr James Hayes, Team Manager (backup for Mr Green): Public Protection & Licensing.

Representations:        Representations had been received from the Environmental Health Service (EHS).

Applicant:                    Ms Leanne Gellel, represented by Eugene O’ Regan

Ward:                           West End

REPORT OF THE DIRECTOR OF PUBLIC PROTECTION AND LICENSING

The Sub Committee considered a report of the Director of Public Protection and Licensing which asked the Sub Committee to decide whether the trading hours for Street Trading Licence Pitch 3028 Broadwick Street should be extended to 00:00 hundred hours to 23:59 hours, Monday to Sunday, inclusive.

The Sub Committee was also asked to decide whether, if minded to grant the application to vary the licence application, if the Sub Committee would consent to the licence holder leaving the kiosk in situ between consecutive trading periods in accordance with Standard Condition 57 of the Standard Conditions set out in Westminster City Council’s Statement of Street Trading Policy pursuant to its powers under section 10(1) of the City of Westminster Act 1999, and which had been applicable to Street Trading Licences as of 4 January 2017.

It was noted that the applicant, Leanne Gellel, had held a Permanent Street Trading Licence (05/0478/LI_STE) on Pitch 3028 Broadwick Street since, at least, 2005.

The report set out the history of the licence and the reason for the current application viz. because of the current coronavirus pandemic, the applicant’s clients had requested that she deliver any orders to their premises, and set up any displays, before cleaning or other staff arrived at the premises and before the premises opened for business. To do this, the applicant required access to her kiosk to complete and carry out the orders. It was not her intention to trade from the kiosk beyond the hours prescribed in her current licence.

Presentation: Shannon Pring, Senior Practitioner, Street Trading, Public Protection and Licensing

Ms Shannon Pring, Senior Practitioner, Street Trading, presented the report that was before the Sub Committee.

In making her presentation, Ms Pring noted that the applicant was presently trading from a temporary location across the road from her designated pitch because of construction works that were taking place at that location. The construction works were scheduled for completion in summer 2021 but, because of the coronavirus pandemic, it may be autumn 2021 before the works were completed and when the applicant could return to her designated location.

Ms Pring noted that the applicant had previously been granted permission to change her “receptacle”, that is, the item of street furniture she used for trading, but had not been given consent, in accordance with Standard Condition 57, to the receptacle remaining in situ between trading periods. It was the understanding of the Licensing Service that the  ...  view the full minutes text for item 1.

2.

Pitch 1640 Horseferry Road pdf icon PDF 462 KB

Ward
CIA*

Site Name & Address

Application
Type

Licensing Reference No.

Vincent Square

Isolated Pitch 1640 Horseferry Road

Area 3 – Victoria Street, Millbank, Belgrave Square

Street Trading Licence – rescind designation

20/00472/RESCIN

 

*Cumulative Impact Area

 

Minutes:

Present:                   Mr Francisco Franco-Mendes, Team Manager, Public Protection and Licensing; Ms Shannon Pring, Senior Practitioner, Street Trading, Public Protection and Licensing (backup for Mr Franco-Mendes); and Mr Sean Dwyer, Highways Planning Manager, City Highways.

Applicant:               Licensing Authority

Ward:                       Vincent Square

REPORT OF THE DIRECTOR OF PUBLIC PROTECTION AND LICENSING

The Sub Committee considered a report of the Director of Public Protection and Licensing in which the Sub Committee was asked to vary the Designating Resolution passed by the Council on 25 July 1990 and rescind the designation of Pitch 1640 Horseferry Road as the pitch was vacant; had not been used for a period of more than 6 months; and because the pitch was no longer suitable for trading.

Presentation by Mr Francisco Franco-Mendes, Team Manager, Public Protection and Licensing

Mr Francisco Franco-Mendes, Team Manager, Public Protection and Licensing, presented the report, noting the recent history of the pitch, including the grant of a licence on 18 March 2019 to operate the pitch, and the subsequent transfer of that licence on 24 January 2020 to a vacant pitch at Strutton Ground Market.

In recommending rescinding the designation of Street Trading Pitch 1640 Horseferry Road, Mr Franco-Mendes confirmed that the necessary statutory consultations with the Highways Authority, Police and the West End Street Traders’ Association had taken place and that the responses, where applicable, had been included in the report before the Sub Committee.[1]

Presentation by Mr Sean Dwyer, Highways Planning Manager, City Highways

Referring to the photograph in the report before the Sub Committee showing the location of the pitch, Mr Dwyer noted that the footway where the pitch was located on Horseferry Road, south of the junction with Dean Ryall Street, was not particularly wide. As the pitch was located against the railings of the previous Westminster Hospital, and given its dimensions, this left limited space on the footpath for pedestrians. Also, as pedestrians turned from Dean Ryall Street into Horseferry Road, they had to detour around the pitch, which was in front of them as they turned the corner.

Mr Dwyer confirmed that, from a City Highways point of view, the pitch was not in a suitable location. Therefore, City Highways agreed with the proposal of the Licensing Authority to rescind the designation of Pitch 1640.

SUMMING UP

In summing up his presentation, Mr Franco-Mendes stated that, because the pitch had not been used for a period of more than six months, and because the pitch was not in a suitable location, it was the recommendation of the Licensing Authority that:

The Designating Resolution passed by the Council on 25 July 1990 be varied to rescind the designation of Street trading pitch 1640 Horseferry Road.

DECISION

To APPROVE the proposal that the Designating Resolution passed by the Council on 25 July 1990 be varied to rescind the designation of Street trading pitch 1640 Horseferry Road.

 



[1] The response of Mr Sean Dwyer, Highways Planning Manager, to the consultation on behalf of the Highways Authority was attached to  ...  view the full minutes text for item 2.

3.

Pitch 1792 Charing Cross Road pdf icon PDF 2 MB

Ward
CIA*

Site Name & Address

Application
Type

Licensing Reference No.

West End

Isolated Pitch 1792

Area 1 - Oxford Street, New Bond Street, Piccadilly

Street Trading Licence – rescind designation

20/09709/RESCIN

 

*Cumulative Impact Area

 

Minutes:

Present:                   Mr Francisco Franco-Mendes, Team Manager, and Ms Shannon Pring, Senior Practitioner, Street Trading Public Protection and Licensing; (back up for Mr Franco-Mendes): Public Protection and Licensing; and Mr Sean Dwyer, Highways Planning Manager, City Highways.

Applicant:               Licensing Authority

Ward:                       West End

REPORT OF THE DIRECTOR OF PUBLIC PROTECTION AND LICENSING

The Sub Committee considered a report of the Director of Public Protection and Licensing in which the Sub Committee was asked to vary the Designating Resolution passed by the Council on 25 July 1990 and rescind the designation of Pitch 1792 Charing Cross Road. The recommendation was made on the basis that the pitch was not currently in use owing to several years of construction work related to the Crossrail Programme works at Tottenham Court Road Station; the impact of Camden’s West End Project; and additional development of the site above the existing Tottenham Court Road Station. This had meant that the highway had either been hoarded off or was under another temporary arrangement.

Presentation by Mr Francisco Franco-Mendes, Team Manager, Public Protection and Licensing

Mr Francisco Franco-Mendes, Team Manager, Public Protection and Licensing, presented the report. He stated that, at present, there was no street trading licence associated with the pitch which had been in situ since the start of the Crossrail project in 2005. The previous license holder had been relocated and granted a permanent Street Trading Licence Pitch 1717 on New Bond Street.

Mr Franco-Mendes stated that a Suitability Assessment had concluded that both the highway and pedestrian levels surrounding Pitch 1792 had changed considerably since the time the pitch had been designated and the pitch was no longer suitable for trading. Therefore, it was recommended that Pitch 1792 be de-designated.

Mr Franco-Mendes confirmed that the statutory consultation regarding the proposal had taken place and responses had been received from Highways Planning, the Metropolitan Police Service (MPS), Councillor Jonathan Glanz (Ward Councillor at the relevant time), and the West End Street Traders’ Association, and that no objections had been received to the proposal to rescind the designation of this pitch.

Presentation by Mr Sean Dwyer, Highways Planning Manager, City Highways

Mr Dwyer stated that there had been major changes at this location since the granting of the street trading licence. He stated that large entrances to the Elizabeth [Underground] Line, which would serve Tottenham Court Road Station, had been constructed, and pedestrian numbers had already increased dramatically at this location. He stated that pedestrian numbers would increase further when the Elizabeth Line opened to the public.

Mr Dwyer went on to say that, if the pitch was reinstated at its original location, it would be in the middle of a reconstructed junction. The Chairman noted that this was illustrated at Paragraph 2.3 the NRP report[1] on Page 103 of the Agenda Pack.

In conclusion, Mr Dwyer stated that, it was the view of the Highways Authority that this location was no longer suitable for use as a street trading pitch.

DECISION

To APPROVE the proposal  ...  view the full minutes text for item 3.