Decision Maker: Regulatory and Appeals Committee
Decision status: Abandoned
Is Key decision?: No
Is subject to call in?: No
second report to update the committee on
feedback received from formal consultation
Shaun Miles, Head of Markets and Fairs, presented the report of the Director of Sport and Culture, which was before the Committee for it to consider representations made following advertisement of its resolution, made on 21 May 2018, indicating an intention to designate an area within the City for the purpose of controlling illegal street trading, pursuant to the Nottingham City Council Act 2013 (the 2013 Act).
It was stated that no representations had been received in response to the advertisement. Committee were also informed that the Secretary of State had been notified on 14 August 2018 of the Council’s decision to set the Fixed Penalty Notice (FPN) for a relevant offence as defined in section 2 of the 2013 Act at £150, and the Secretary of State had no objection to this.
1) to, being satisfied that it is necessary to ensure road safety or prevent obstruction of the highway and, pursuant to paragraph 2 of Schedule 4 of the Local Government (Miscellaneous Provision) Act 1982, as amended by section 5 of the Nottingham City Council Act 2013, with effect from 03 December 2018, designate, for the purposes of section 5(1) of the 2013 Act, the area outlined with a bold red line on the plan attached to the report, namely the area bounded by, and including, the following:
from a point at the junction of South Sherwood Street, the designated area runs east and is bounded by the back of the footway on the north side of Shakespeare Street, south along the back of the footway on the east side of Milton Street, then east and then south along the back of the footway on the north, east and south sides of Lower Parliament Street to the junction of Canal Street and London Road. It then runs south, then west, then north around the traffic roundabout on London Road (at its junction with Canal Street and Parliament Street), then west along the back of the footway on the south side of Canal Street, north along the back of the footway on the west side of Castle Road (including the whole of Lenton Road to the junction of the Nottingham Park Estate) then runs north west along the back of the footway on the north side of Friar Lane. It then runs north west and is bounded by the back of the footway on the west side of Maid Marian Way, continuing over Wollaton Street to Talbot Street, east along the back of the footway on the north side of Talbot Street, north along the back of the footway on the west side of South Sherwood Street to the point at the junction of South Sherwood Street, such designation to have effect at all times (‘the Designated Area’);
2) that the Director of Sport and Culture be authorised to advertise the resolution in 1) above, in accordance with paragraph 2 of Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by section 5 of the 2013 Act;
3) that the Director of Community Protection be authorised to:
(i) comply with the duties in section 10 of the 2013 Act relating to financial provisions;
(ii) prescribe the form of FPN, in accordance with section 7(6) of the 2013 Act.
Report author: Regulatory and Appeals Committee
Publication date: 11/10/2018
Date of decision: 08/10/2018
Decided at meeting: 08/10/2018 - Regulatory and Appeals Committee