Request for Permission to Operate Markets or Commercial Interests
Report by:
Neil Brown, Town Centres and Inward Investment Manager
Ward Implications:
Berwick-upon-Tweed
1.0
Summary
1.1
Council has rights to act against markets and commercial operations within a specified distance of the site of the Charter Market.
1.2
A speciality market has been approached to visit Berwick-upon-Tweed to add to the vibrancy and vitality of the town in 2008.
1.3
A fun fair operator has requested permission to come to Berwick Town Centre with children’s entertainment on the Fridays and Saturdays leading up to Christmas.
2.0
Recommendations
2.1
To agree allow the operation of a continental market within Berwick-upon-Tweed town centre between 20-22 June 2008; and
2.2
To grant the Town Centres and Inward Investment Manager delegated authority to invite and grant permission to operators under the Charter Market legislation to provide street entertainment within Berwick-upon-Tweed town centre.
(Note separate licensing and other event permissions may still be required0.
3.0
Report
3.1
Members will be aware, that the right and franchise to hold markets and fairs in the Borough of Berwick-upon-Tweed are vested in the Berwick-upon-Tweed Corporation (Freeman) Trustees by means of a Grant under the Privy Seal of King James I, confirmed in the Corporation (Freemen) Acts of 1843 and 1926.
3.2
By a lease dated the 21st December 1933 from the Trustees to the Mayor, Aldermen and Burgesses of the Borough and County of Berwick-upon-Tweed, the market rights, amongst other rights, were demised to the Corporation for a term of 99 years at a fixed rent of £85 per annum, expiring in 2031.
3.3
The holder of a market franchise, such as that held by the Borough Council in the case of the Charter Market, enjoys a right of protection from disturbance by a rival market or fair within the common law distance of 6⅔ miles.
3.4
As a result of previous requests a procedure was agreed which delegated authority to grant permission for rival markets which were to operate for the benefit of charitable or community groups and which did not include significant business activity. The authority for such decisions was retained by this Committee.
3.5
To aid the vibrancy and vitality of the town centre and surrounding borough a continental market has provisionally been invited to come to Berwick-upon-Tweed between 20-22 June 2008. This market is the same operator that visited Berwick in 2007. The market was seen as a successful event which drew people into town. Details of the visit are at an early stage although it is likely to follow the same procedure as the 2007 visit, Friday and Sunday on the Marygate and Saturday on Bridge Street or alternative location. Most businesses, market traders, visitors and residents agree that such events add colour and vibrancy to the town.
3.6
It is considered that the proposed activities are similar to those allowed at the regular Farmers Market and other markets where the Council has agreed not to exercise its rights of protection.
3.7
Speciality markets are generally seen as events in town centres and should be encouraged. Entertainment and leisure should also be encouraged to help attract families and individuals to the town centre.
3.8
The request for delegated permission relates to fun fair rides and other entertainment under the Charter Market only. Separate permissions may still be required under licensing legislation and from the Safety Area Committee.
3.9
It is planned to bring children’s fun fair rides into Berwick for the Fridays and Saturdays leading up to Christmas. The market supervisor has commented that there are no market problems with bringing this entertainment to town provided there is enough room. As advised above separate permissions may also be required for this or future entertainment events.
4.0
Implications
4.1
Comments from the Council’s Section 151 Officer
No comments
4.2
Comments from the Council’s Monitoring Officer
No comments.
4.3
Comments from the Head of Paid Service
No comments.
4.4
Local Agenda 21
All projects in the town centre will either be short term or have the potential to deliver long term, sustainable economic, environmental and social regeneration.
4.5
Equality
Equality and opportunity will be available to all, subject to any necessary health and safety requirements.
4.6
Crime and Disorder
Crime and disorder implications are dependent on the nature of the events, numbers, location etc. Separate legislation and events guidance covers the crime and disorder issues.
