Meeting documents

Cabinet
Wednesday, 11th October, 2006

Bath & North East Somerset Council

MEETING:

Council Executive

MEETING DATE:

11 October 2006

AGENDA ITEM NUMBER

11

TITLE:

To consider an application from the Guildhall Market Trader's Association for consent to hold a Market on the Guildhall Car Park for the period of the 2006 Christmas Market.

EXECUTIVE FORWARD PLAN REFERENCE:

   

E

1522

WARD:

ABBEY

AN OPEN PUBLIC ITEM

List of attachments to this report:

Appendix: Summary of issues arising from holding a market in the Guildhall Car Park in 2005 plus details of remedial measures

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 2006 Christmas Market.

2 RECOMMENDATION

The Council Executive is asked to:

2.1 consider this report and decide whether to allow the GMTA to hold a market in the Guildhall car park for the period of the 2006 Christmas Market (which runs from 30 November to 10 December plus an additional day prior to and after the Market for setting up and dismantling).

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

a) 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

b) That all necessary street trading licences are obtained before the market is set up

c) That the GMTA enter into a licence with the Council documenting the agreed covenants and obligations of each party

d) That alternative appropriate arrangements aremade for users of the displaced parking space for the disabled and for users with small children

3  FINANCIAL IMPLICATIONS

The GMTA have agreed to pay a licence fee which will help to 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 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 will increase foot fall to the Guildhall Market and by so doing helps achieve the Council's community strategy outcomes of 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 will significantly increase foot fall to the Guildhall Market. The Market is a discrete 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 foot fall 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 A 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 attracted increased footfall to the Guildhall Market.

7.2 In 2005 consent was given to the GMTA to hold a 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 into the Guildhall Market. This generated an increase in trade which is thought by many stall holders to be an essential part of their annual income.

7.3 The GMTA has asked the Council as landowner, for consent to run a market in the Guildhall car park for the duration of the 2006 Christmas Market. It is proposed to hold the market in three interlocking marquees to be erected in the car park, containing approximately 20 stalls (depending on the size of stalls required) plus 5 wooden chalets to be situated outside the Guildhall elevation to Orange Grove (it is understood that Highways have no objections to the position of the chalets).

7.4 The fire officer has been consulted about the use of the marquees and does not have any objection to the proposal.

7.5 The GMTA has applied for planning permission for the use of the car park as a market for the period of the Christmas Market and the application is to be heard at Committee on 1 November.

7.6 Details of the issues arising from the use of the car park last year are outlined in the Appendix to this report together with measures proposed to alleviate these.

7.7 It is proposed that the four car parking spaces immediately to the left of the entrance to the car park will not be included in the letting. It is suggested that for the period of the Market the space reserved for the Chair of the Council and the Mayor be moved to the adjoining space, thereby releasing their dedicated space for use by anybody with a disability. There will be two further spaces which it may be decided to allocate to those Councillors with child care arrangements and where particular difficulties were highlighted last year.

7.8 Although there were concerns that presence of the Market may disturb the Register office, the Registrar confirmed that last year the Market was considered to be a subdued affair and that there was not any disruption to their service.

7.9 Last year the residents of the Empire supported the proposal and there were not any complaints from them about the Market. The proposals for the Market for this year have been explained to a meeting of the Empire Resident's Association and again they support the proposal.

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 was held in the car park during the period of the Christmas Market in both 2004 & 2005 when planning permission was granted and the Council's consent as landowner was given to the use for a limited period.

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 are looking at 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 There were operational difficulties which arose in running the Market last year but measures have been identified to overcome these and full details are included in the Appendix.

9.5 The measures proposed address the sensitivities of the site outlined in 9.2.

10 OTHER OPTIONS CONSIDERED

10.1 None

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 836138 jane_kirkbride@bathnes.gov.uk

Rebecca Garrick - 01225 477975 rebecca_garrick@bathnes.gov.uk

Background papers

None

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