Meeting documents

Cabinet
Wednesday, 7th February, 2007

Bath & North East Somerset Council

MEETING:

Council Executive

MEETING DATE:

7 February 2007

AGENDA ITEM NUMBER

11

TITLE:

To consider an application by the Guildhall Market Trader's Association for consent to hold a Market on the Guildhall Car Park for the period of the Christmas Market in 2007, 2008 and 2009.

EXECUTIVE FORWARD PLAN REFERENCE:

   

E

1570

WARD:

ABBEY

AN OPEN PUBLIC ITEM

List of attachments to this report:

Appendix 1: Summary of issues arising from holding a market in the Guildhall Car Park in previous years, remedial measures and their effectiveness.

1 THE ISSUE

1.1 The report is presented following the request made by the Executive at their meeting in October 2006 as to whether the Council (as landowner) allow the Guildhall Market Traders Association (GMTA) permission to run a market in the Guildhall Car Park for the period of the Christmas Market in 2007, 2008 and 2009.

2 RECOMMENDATION

The Council Executive is asked to:

2.1 Consider this report and decide whether to allow the GMTA to hold the market in the Guildhall Car Park for the period of the 2007, 2008 and 2009 Christmas Markets (plus two additional days prior to and one day after the market for setting up and dismantling).

2.2 If consent is given to the use of the car park for this purpose it is suggested that consent is given subject to the following conditions:

(a) that any proposed variations to the format of the market from that held in December 2006 are agreed with the Assistant Director - Property.

(b) that Planning Permission and all other statutory consents are obtained and all conditions (if any) are complied with fully before the market is set up.

(c) that all necessary street trading licenses are obtained before the market is set up.

(d) that each year the GMTA enter a licence with the Council covering their use of the car park documenting the term and agreed covenants and obligations of each party.

(e) that appropriate alternative arrangements are made for users of the displaced parking spaces for the disabled and for users with small children.

(f) that if in any year some of the issues listed in the summary are not resolved to the satisfaction of the Assistant Director - Property, especially the handling of refuse, then the Council reserves the right to withdraw permission to use the car park.

3 FINANCIAL IMPLICATIONS

The GMTA will be required to pay a licence fee which will help defray any loss of income to the Council arising from the use of alternative car parks by users of the Guildhall car park.

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

4 COMMUNITY STRATEGY OUTCOMES

It is considered that allowing the GMTA to hold a market on the Guildhall car park over the period of the Christmas Market increases footfall to the Guildhall Market and by so doing helps achieve the Council's community strategy outcomes in promoting equality of opportunity and sharing resources, working together and finding new ways of doing things.

5 CORPORATE IMPROVEMENT PRIORITIES

Developing a sustainable economy - allowing the GMTA to use the car park to hold a market over the period of the Christmas Market significantly increases footfall to the Guildhall Market. The market is a discreet part of Bath's retail offer, supplying many local shopping needs in the city which are not available elsewhere. The market is situated in the Guildhall complex and suffers from a lack of visibility as signage to the listed structure is limited. The increased footfall from the Christmas Market helps to sustain the viability of the businesses in the market.

6 CPA KEY LINES OF ENQUIRY

Ambition for the community - the Council has indicated that it is trying to achieve a sustainable economy and this proposal gives it the opportunity to demonstrate this.

7 THE REPORT

7.1 The Christmas Market has been held in Kingston Parade in front of Abbey Chambers since 2000. In 2004 the market was extended to the Guildhall car park but Bath Tourism Plus who organised it found that it was not financially viable to run although it had attracted increased footfall to the Guildhall market.

7.2 In 2005 consent was given to the GMTA to hold the market in the Guildhall car park for the period of the Christmas Market. There were a number of operational difficulties particularly in setting up the market but it did generate increased footfall in to the Guildhall market.

7.3 In 2006 the GMTA again sought consent to hold a market in the Guildhall car park for the period of the Christmas Market. Proposals designed to overcome the operational difficulties experienced in 2005 were put forward and the Executive granted consent for the market to be held in the car park.

7.4 The format of the market in 2006 was successful in overcoming the operational difficulties experienced in previous years with only minor complaints being made whilst the stalls were being erected and issues about refuse. Upon investigation it was found that the refuse had been generated from events within the Guildhall and not from the operation of the Market. Full details of all issues can be found in the attached Appendix.

7.5 The four car parking spaces immediately to the left of the entrance to the car park were not included in the letting and were reserved for the Chair of the Council and the Mayor, a space for use by people with a disability and two further spaces which were made available for councillors with child care arrangements and where particular difficulties had been highlighted in previous years.

7.6 Adjoining occupiers were notified of the proposals in advance and no complaints have been received from them about the operation of the market.

8 RISK MANAGEMENT

8.1 The report author and Lead Executive member have fully reviewed the risk assessment related to the issue and recommendations, in compliance with the Council's decision making risk management guidance.

9 RATIONALE

9.1 A market has been held in the car park for the period of the Christmas Market for the last three years with planning permission being obtained each year and the Council's consent as landowner sought on each separate occasion.

9.2 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.

9.3 The Guildhall market traders seek the opportunity to use the car park during the period of the Christmas Market as a means of generating extra footfall into the Guildhall market.

9.4 The format of the market in 2006 demonstrates that the GMTA has found a successful sustainable format in which to operate the market and which addresses the sensitivities of the site as outlined in 9.2.

9.5 As a successful format has been identified it is considered appropriate to grant permission to the use of the car park for the following three years rather than consider the request on an annual basis, subject to the conditions outlined in 2.2.

10 OTHER OPTIONS CONSIDERED

10.1None.

11 CONSULTATION

11.1 Executive Councillor; Ward Councillors

11.2 Consultation has been carried out by email.

12 ISSUES TO CONSIDER IN REACHING THE DECISION

Property

Equality (Disability)

Legal

13 ADVICE SOUGHT

13.1 The Council's Monitoring Officer (Council Solicitor) and Section 151 Officer (Strategic Director - Support Services) have had the opportunity to input to this report and have cleared it for publication.

Contact person

Jane Kirkbride - 01225 477956 jane_kirkbride@bathnes.gov.uk

Background papers

None

Please contact the report author if you need to access this report in an alternative format