Agenda item

WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 6

 

Thursday 25 August 2022

 

Membership:           Councillor Aziz Toki (Chairman), Councillor Judith Southern and Councillor Jim Glen

 

Legal Adviser:         Michael Carson

Policy Officer:          Daisy Gadd

Committee Officer:  Georgina Wills

Presenting Officers:Shannon Pring

 

Also Present;           Nichola Kerr (West End Street Trading Association, WESTA)

                                Chris Cahill (Licence Holder)

                                Joe Tang (Principal Engineer -Momentum)

 

Application to vary the designation resolution passed by the Council on 25 July 1990 to rescind the designation of Isolated Pitch 3001 Victoria Street/ RESCIN

 

FULL DECISION

 

Pitch Designation

 

Victoria Street footway, backing onto the rear side kerb line on the corner

of Carlisle Place facing towards Victoria Street. (L: 3.7m W2.5m)

 

Applicant

 

Westminster City Council’s Licensing Street Trading Team

 

Licence Holder

 

Represented by Nicola Kerr (West End Street Trading Association), Chris Cahill (Licence Holder) Joe Tang (Principal Engineer - Momentum)

 

Ward

 

Vincent Square

 

Summary of Application

 

The Licensing Sub-Committee is asked to:

 

a) Vary the designating resolution passed by the Council on 25 July 1990 to rescind the designation and designate a new location for Pitch 3001 Victoria Street as recommended by officers.

 

b) Vary the licence (reference MAR39661) to reflect the new pitch designation and the amended pitch size. If granted, this variation should take effect from 1 January 2023.

 

Representations Received

 

Three representations received in support of the application

(City Planning, Highways and Street Management , 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

 

 

1.     Ms Shannon Pring, the Presenting Officer, introduced the application and advised that the Licence Holder was being represented by the West End Street Trading Association. There was consultation with Highway Authority, Police, the Licensee and the West End Street Traders Association and no objections were made regarding the proposal.

 

2.     Ms Pring advised that Contraflow works in the Victoria Station area require the layout of the kerb at the junction of Victoria Street and Carlisle Place be reduced which directly impacts the current pitch location. Following discussions with the relevant parties to identify suitable options for relocation it was agreed that the proposed location at the corner of Carlisle Place would be most suitable for street trading. The construction works are due to be completed at the end of January 2023; however, this may be subject to change. Mr Cahill is temporarily relocated at the Northern edge of Cathedral Piazza (adjacent to, but not on, the southern footway of Victoria Street). If granted, Mr Cahill will return to the new pitch designation, on the completion

 

3.     In response to questions from the Sub-Committee, Mr Cahill advised that he was satisfied with the designation. The Sub-Committee was informed that there were concerns raised by a resident and that these had now been addressed. Ms Nichola Kerr, WESTA, representing the Licence Holder, advised the Sub-Committee that she was satisfied with 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 3001 Victoria Street and vary the licence (reference MAR39661) to reflect the new pitch designation and the amended pitch size to take effect from 1 January 2023.

 

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

 

The Licensing Sub-Committee

25 August 2022