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The Committee considered the comprehensive report from the Transformation Programme Manager which set out the proposed Market Policy for 2016.
The Transformation Programme Manager advised that it was hoped the Market Policy would be one central document for Market Traders and the Council and that it be recommended that the policy be reviewed on an Annual Basis with traders being asked for feedback as part of the annual review.
The Transformation Programme Manager reported that as part of the budget setting process for 2016/17 it is recommended that the existing fees and charges schedule be reviewed and that the Committee should be minded to approve the Market Policy, which would also result in seven outstanding audit requirements would be complied with.
A Member raised concern in relation to the changes from Licenses to Leases and the implications this may cause. The Transformation Programme Manager reported that the licenses / leases would be focused upon the 6 day market traders due to case law the current licenses held could already be interpreted as a lease. The Committee were advised that the Transformation Programme Manager was working closely with property specialists at NPlaw and it was suggested that an update on the proposals be brought back to the next Committee Meeting.
A Member pointed out that when previous fees and charges had been introduced, a 12 month reduced period had been given to encourage regular two day traders to trade throughout a year. A Member raised the issue of the current level of fees applied to Market Traders and that this was not in line with the 2% plus RPI policy in place. The Chairman pointed out that due to issues surrounding the Market, new initiatives were imperative, but advised that should changes be required to the fees and charges these would need to be agreed by full Council.
Some concern was raised in relation to the comments published within the Market Place consultation document.
A Member stated that in relation to 3.7 within the Market Policy document, he felt that it was unfair for Market Traders to be restricted to a maximum of 14 days closure of their stall for holidays. The Transformation Programme Manager advised that the Market Traders comments had been taken into account therefore allowing for closure of a six day market stall for 14 days once a year to accommodate a holiday, she advised that this 14 day period would be charged the standard fee.
A Member pointed out that no comments had been received from Market Traders to state they wanted anything extra than what was detailed in the Policy.
A Member pointed out that no comments from within the Market Traders Consultation had requested more than 14 days holiday.
In conclusion it was suggested that the policy be amended to allow six day market traders to close their stall for a maximum of four weeks, but that this period not be taken consecutively and that a maximum of 15 continuous days could only be applied.
A Member sought clarification relation to the £10 table scheme, it was advised that due to the condition of the gazebos the scheme was currently on hold, but that work was being undertaken with Enterprise GY to look at potential "start up" premises, although the fees for this had not yet been agreed.
A Member asked in relation to the Appeals Procedure and why the procedure was dealt with by Officers and not the Council's Appeals Committee. It was advised that the current policy advises that an appeal would be heard by a Director following the strategic framework set by Members. It was suggested that the Market Policy be changed to allow the decision to be made by the Council's Appeals Committee.The Transformation Programme Manager suggested that advice be taken from the Monitoring Officer, and then following his advice it was proposed that a subsequent email be forwarded to all Committee Members with an overall agreement for the members not to change the appeal from being heard by an officer to the Appeals Committee.
Concern was raised in relation to the timescale given of 3 working days notice to Traders as it felt this was not an adequate length of time, and it was suggested that this timescale be revised to 7 working days.
A Member raised concern in relation to Gas supply and Gas Cylinders and requested that the policy be amended to state that appropriate Gas Safety Certificates are required.
RESOLVED :
(1) That Section 3.7 of the Market Policy be amended to :-
Where possible all traders are encouraged to make alternative arrangements to put in place cover when holidays are taken. If this is not possible six day traders may close their stall for a maximum of 15 days in a row and two day traders may not attend four consecutive markets (Wednesdays and Saturday), in any one period, with a total maximum holiday period of 4 weeks to be taken in any one year.
(2)That Section 26.4 of the Market Policy be amended to :–
For all serious matters a formal hearing must take place, even if immediate action has been taken. For such a hearing at least seven working days’ notice must be given to the trader. The Council will aim to undertake any formal hearing by 28 days from the matter being raised, and that if this period is extended the trader will be notified in writing to include the reasons why.
(3) That Section 27.2 of the Market Policy be amended to :–
The decision of the Director or other appointed officer shall be final in all respects. An appeal hearing will then be scheduled within 28 days from the appeal being lodged. For such a hearing at least seven working days’ notice must be given to the trader.CARRIED
(4) That Section 18.1 of the Market Policy be amended to :-
A gas supply is currently available on the six day market only. Gas cylinders can be used by traders on the two day market. Appropriate Gas Certificates must be obtained and available to the Council on request.