Meeting documents

1 THE ISSUE

1.1 The issue is whether the Council (as landowner) allow the Guildhall Market Trader's Association (GMTA) permission to run a market in the Guildhall car park for the period of the Christmas Market

2 RECOMMENDATION

2.1 the Guildhall Market Trader's Association be given permission to run a market in the car park for the period of the Christmas Market subject to the following conditions:

    1. that planning permission and all other statutory consents are obtained and that all conditions (if any) are complied with fully before the market is set up

    2. that all necessary street trading consents are obtained before the market is set up

    3. that the GMTA enter a licence with the Council documenting the agreed covenants and obligations of each party, including full operational details and arrangements for cleansing and security before the use is commenced

2.2 That the terms of the licence be settled by the HPLS, such licence to prohibit the provision of both seating in connection with the use, and of any take-away food stalls.

2.3 That alternative appropriate arrangements are made for the users of any displaced parking spaces for the disabled

3 FINANCIAL IMPLICATIONS

3.1 On the basis that the GMTA reimburse the Council for any additional costs incurred through the intensification of the facilities provided in running the Guildhall Market such as refuse collection, there will not be any financial implications to the Council.

4 THE REPORT

4.1 The Christmas Market has been held in Kingston Parade, in front of Abbey Chambers, since 2000 and in 2004 it was extended to include the Guildhall car park.

4.2 The car park was predominantly occupied by stalls selling food. There were a number of difficulties in setting up the market and establishing footfall from the main market but once these were overcome, the market did generate a significant footfall into the Guildhall Market.

4.3 This benefited the traders in the Guildhall Market but Bath Tourism Plus who operate the Christmas Market, lost money setting up and running the offshoot in the car park and made a decision not to extend the Christmas Market to the car park in future years.

4.4 The GMTA has asked the Council as landowner, for consent to run a market in the Guildhall car park for the duration of the Christmas Market comprising 18 stalls plus a further 4 in Orange Grove. Their proposals include 3 take away outlets plus a seating area comprising table and chairs.

4.5 The GMTA has applied for planning permission for the use of the car park as a market for the period of the Christmas Market. The application has been referred to Committee for a decision with an officer's recommendation that planning permission is granted.

4.6 The Register Office was relocated to the Guildhall in October 2004. It is understood that the amount of noise generated by the extension to the Christmas Market in 2004 caused some disturbance in terms of noise, and the siting of a generator close to the window of their general office created difficulties in terms of noise and fumes. The Registration Service is reported as having grave misgivings about the application as the main marriage room overlooks the car park.

5 RISK MANAGEMENT

6 RATIONALE

6.1 The principle of holding a market during the period of the Christmas Market was established in 2004 when planning permission was granted and the Council's consent as landowner was given to the use for a limited period.

6.2 The car park is in a sensitive location surrounded by listed buildings including residential accommodation in the Empire and offices, including the Register Office, in the Guildhall itself. There is a public footpath through the car park which must be kept clear at all times and there is parking for the disabled, and access for the disabled to the Guildhall from the car park.

6.3 The Guildhall Market Traders are, in common with retailers across the country finding current retailing conditions poor, and are looking to the opportunity of the use of the car park during the period of the Christmas Market as a means of generating extra footfall into the Guildhall Market.

6.4 Bath Tourism Plus has indicated that a good food market in this location would help attract more visitors to the Christmas Market.

6.5 As there is a precedent for holding a market in this location and it would support the Guildhall Market traders who are tenants of the Council, it is recommended that consent be given to the proposal subject to the use being properly controlled through both the statutory and contractual processes, so that the use does not impact adversely on the surrounding occupiers or the public. The use of generators will not be permitted and the licence documenting the use of the car park will provide for it to be determined immediately if the tenant is in breach of the terms of the licence.

7 OTHER OPTIONS CONSIDERED

7.1 None

8 CONSULTATION

8.1 Ward councillor, Executive councillor

8.2 By email

9 REASONS FOR URGENCY

9.1 Not urgent.