Agenda item

Council’s Development Committee at its meeting on the 7th March 2008

it is recommended licences be strictly confined to the following commodities and that restrictions and conditions be included:

Arts - visual arts of all disciplines such as fine art, print, photography

Crafts – such as jewellery, ceramics, sculpture, pottery, clothing,

Flowers and books.

NB: Products should be original, locally produced and hand?made by professional, indigenous artists and designers.

Any licence should include strict enforcement measures in terms of quality and appropriateness of merchandise.

BCC Building Control

From a general perspective, any street trading pitch should be so sited that it does not jeopardise the means of escape from any adjacent building and careful consideration should be given to the potential impact any pitch may have on people with disabilities.

In relation to the proposals to hang works for sale on buildings or from cabling attached to buildings any potential for such to cause damage to those buildings or to give rise to a danger to those adjacent to the pitch should be assessed and approved by a suitably qualified person prior to any such pitch being granted a licence to trade.

Houston McKelvey

Dean of Belfast

St Anne’s Cathedral is a listed building. It is maintained without any assistance from public funds. Its ambience for the tourist – apart from the worshipper – needs to be recognised and safeguarded. The Cathedral is the second biggest free visitor attraction in the city – second only to the City Hall. Each year in itself, it attracts some 50,000 visitors into the Cathedral Quarter. This major draw for the Quarter should not be put at risk for activities which in the sum total of things may – or may not - bring a very limited marginal increase in visitors or income into the area.

The Cathedral has no objection to the designation of Cotton Court, Commercial Court and Hill Street – the portion from the junction with Gordon Street to the junction with Waring Street for the purposes of street trading.

The Cathedral has no objection to the granting of subsequent licences on a Sunday from 10am to 7pm in the above three streets.

The Cathedral would be opposed to any amplified music or live music performances on a Sunday between the hours of 10am to 12.30pm and 3pm to 5pm.

The Cathedral would like to see strict control of the commodities sold, they should be arts and crafts, paintings and photographs or similar items.

DSD

DSD notes that the proposal already addresses the lack of space in Cotton Court, Hill Street and Commercial Court, which would have been a concern in relation to the health and safety of the public. DSD is content with the proposal, subject to property owners’ consent, for artists to sell arts and crafts in these areas displayed on the walls of properties or suspended from specially erected cables.

PSNI

Would support this proposal, but it should only be initially for 11am - 1800hrs on Sundays. Part of the area is already used by adjoining restaurants for a seating area; therefore, the space available is more limited. This site would not be appropriate for weekday usage because of the busy area and the impact on traffic. Consideration could be given to Saturdays, but this may affect the businesses already in the area.

Roads Service

Area not adopted by Roads Service – no comment.

Planning Service

No planning objections

BCC Pollution Control

It is considered unlikely that the commodity for sale at this pitch will cause an impact on the environment and amenity of the local areas. However, we would recommend a standard requirement as will be the case with all, that no amplified music, speakers, use of loudspeakers are permitted at any location.

BCCM and Chamber

32 businesses were surveyed in Church Street, Commercial Court, Cotton Court, Donegall Street, Gordon Street, Hill Street, Waring Street and Writers Square and of those, 53% of businesses  stated  that they would benefit  from

street trading. This is due to the type of commodity indicated; however, the businesses were emphatic that arts and crafts commodities should be of a high quality.

Bill Morrison

Controlled street trading in arts and crafts in this location would add to vitality and enhance the community and cultural appeal of the Cathedral Quarter. I recommend accordingly that Cotton Court be designated for the purposes of street trading, strictly confined to arts and crafts. Any licence should be limited to a single stall.

DSD

DSD notes that the proposal already addresses the lack of space in Cotton Court, Hill Street and Commercial Court, which would have been a concern in relation to the health and safety of the public.   DSD  is  content  with  the  proposal,

subject to property owner's consent, for artists to sell arts and crafts in these areas displayed on the walls of properties or suspended from specially erected cables.

PSNI

Sundays only - the area is too busy with traffic and business other days of the week. 11am to 1800 maximum hours - to bring life to the area in the daytime avoids conflict with nightlife hours.

No trestle tables or use of pavement to display wares. The area is very congested. The proposal outlined indicated goods hanging from walls in the area or on railings. This would need to be appropriate and with small pitches that can be supervised and not leading to opportunities for theft.

Consideration should be given to the street being designated as pedestrian only for a Sunday. This is a very narrow street and anything other than two persons on a pavement creates a risk of people being exposed to vehicles, especially if admiring arts and crafts.

Roads Service

No objection.

Planning Service

No planning objections subject to it being carefully managed in order to ensure a quality presentation.

BCC Pollution Control

It is considered unlikely that the commodity for sale at this pitch will cause an impact on the environment and amenity of the local areas. However, we would recommend a standard requirement as will be the case with all, that no amplified music, speakers, use of loudspeakers are permitted at any location.

BCCM and Chamber

32 businesses were surveyed in Church Street, Commercial Court, Cotton Court, Donegall Street, Gordon Street, Hill Street, Waring Street and Writers Square and of those, 53% of businesses stated that they would benefit from street trading. This is due to the type of commodity indicated; however, the businesses were emphatic that arts and crafts commodities should be of a high quality.

Philip Gallagher Javaman Coffee

Mr Gallagher emailed the Council and wrote that

Hill Street should have sites allocated for a small hot food and beverage cart.

Bill Morrison

This is a pro-active proposal to encourage appropriate street trading in arts and crafts in the Cathedral Quarter, the vision for which is to create a lively youthful arts cultural quarter in the heart of the city. It is acknowledged that the street is narrow and does not offer realistic space for stalls. The proposal is sound in concept if licences can be strictly confined to artwork that with owner consent can be hung from the facades of buildings. It is accordingly recommended that the proposal be fully facilitated by the designation of the whole of Hill Street for street trading, but the Council would be well advised to move forward cautiously with the granting of licences.

DSD

DSD notes that the proposal already addresses the lack of space in Cotton Court, Hill Street and Commercial Court, which would have been a concern in relation to the H&S of the public. DSD is content with the proposal, subject to property owners’ consent, for artists to sell arts and crafts in these areas displayed on the walls of properties or suspended from specially erected cables.

PSNI

The walls in Commercial court are mostly covered already with flower boxes and there would be problems with many of the premises regarding allowing use of the walls. Any use of trestle tables would create safety and congestion issues especially with the Duke of York already having a seating area outside. A licence should only be considered if it has the full support of the businesses on this street.

Roads Service

No objection

Planning Service

No planning objections subject to it being carefully managed in order to ensure a quality presentation.

BCC Pollution Control

It is considered unlikely that the commodity for sale at this pitch will cause an impact on the environment and amenity of the local areas. However, we would recommend a standard requirement as will be the case with all, that no amplified music, speakers, use of loudspeakers are permitted at any location.

BCCM and Chamber

32 businesses were surveyed in Church Street, Commercial Court, Cotton Court, Donegall Street, Gordon Street, Hill Street, Waring Street and Writers Square and of those, 53% of businesses stated that they would benefit from street trading. This is due to the type of commodity indicated; however, the businesses were emphatic that arts and crafts commodities should be of a high quality.

Bill Morrison

The proposition is that artists and photographers (with property owners’ consent) would hang paintings and photographs for sale from cables strung across Commercial Court. This is a pro-active proposal to encourage appropriate street trading in arts and crafts in the Cathedral Quarter, the vision for which is to create a lively youthful arts cultural quarter in the heart of the city. It is acknowledged that Commercial Court is a narrow entry and does not offer realistic space for stalls. The proposal is nevertheless sound in concept if licences can be  strictly  confined  to  artwork that with owner

consent can be hung from the facades of buildings. It is accordingly recommended that the whole of Commercial Court be designated for street trading.

DSD

DSD own Writers Square and this is currently used as an events space. DSD considers that licensed street trading could provide an attraction for Writers Square as it could bring activity to the area that may counter some of the existing anti-social behaviour problems. However, it should be noted that this area will be redeveloped as part of the North East Quarter development.

PSNI

The Square is currently used as an eating area and park area at lunchtimes and by local workers. Over congestion with stalls would affect the image. Clearly, people calling out for trade would also affect the tranquillity of the environment of the Cathedral.

Roads Service

Area not adopted by Roads Service – no comment

Planning Service

No planning objections

BCC Pollution Control

It is considered unlikely that the commodity for sale at this pitch will cause an impact on the environment and amenity of the local areas. However, we would recommend a standard requirement as will be the case with all, that no amplified music, speakers, use of loudspeakers are permitted at any location.

BCCM and Chamber

32 businesses were surveyed in Church Street, Commercial Court, Cotton Court, Donegall Street, Gordon Street, Hill Street, Waring Street and Writers Square and of those, 53% of businesses stated that they would benefit from street trading. This is due to the type of commodity indicated; however, the businesses were emphatic that arts and crafts commodities should be of a high quality.

Houston McKelvey

Dean of Belfast

St Anne’s Cathedral is a listed building. It is maintained without any assistance from public funds. Its ambience for the tourist – apart from the worshipper – needs to be recognised and safeguarded. The Cathedral is the second biggest free visitor attraction in the city – second only to the City Hall. Each year in itself, it attracts some 50,000 visitors into the Cathedral Quarter. This major draw for the Quarter should not be put at risk for activities which in the sum total of things may – or may not - bring a very limited marginal increase in visitors or income into the area.

The proposal to use Writer Square for trading will cause concern to the Cathedral Clergy, Board and members due to potential for :-

a.   Noise while activities are taking place in the Cathedral such as funerals, weddings, etc.

b.   Additional litter created and the subsequent cleaning particularly if this takes place on Sundays or in the evening when the Cathedral is in use e.g. healing services.

c.   The off-loading and erection, etc. of trading pitches will cause serious traffic problems in Donegall Street, Talbot Street and Academy Street which are already heavily congested.

d.   Anti-social activities may increase in Writer Square and to prevent problems proper policing needs to be assured to stop graffiti spraying, etc., which has affected the Cathedral in the past. Individuals begging for money are an increasing problem and with the influx of people attracted by the trading pitches this activity may increase.

Bill Morrison

For the purposes of this assessment, it is assumed that the recently created Writers’ Square constitutes a public place for the purposes of the Act. The proposition, consistent with the name Writer’s Square, is that it would be appropriate to afford opportunity for street trading in books. In my opinion, it is unlikely that anti-social behaviour would be exacerbated through the introduction of one or two stalls trading in books. There is no obvious portion of the Square to which a trading pitch could be directed, and if the commodity is confined to books no harm would be caused by designating the entire square. In time, it may be considered to be appropriate to extend the number of stalls and commodities to be sold, but the Council is advised to move cautiously with the granting of licences. In the first instance, no more than two stalls should be considered. I recommend accordingly that the whole of Writers’ Square be designated for the purposes of street trading.

DSD

DSD is proposing to extend Disabled Parking along the north side of College Street as part of the Streets Ahead Scheme. Given the space required for disabled parking and opening of car doors, position 8 would not be possible as indicated. It may be possible to accommodate this on the opposite side of the street, but detailed vehicle tracking analysis would be required to prove that this position would not interfere with Council refuse collections or other vehicle movements.

PSNI

Would have concerns about these pitches. Work is underway with SW Quarter Masterplan and Streets Ahead to improve the image of this area and it would be imperative that any new stalls created are in keeping with this. Creating rights in the area may hamper plans for this area. The lack of information on commodities is also a concern re the impact and image of the area. There could be issues with congestion and especially with image of the area in relation to the stall at Wellington Place and again at Castle Street end.

Roads Service

Existing (Sawyers) shop already has stall at shop front; this may cause obstruction for pedestrians. Map shows stall tight to building but site observations on Saturdays indicate that this can also be placed remote from shop. A remote stall has the potential to cause obstruction for delivery vehicles.

Planning Service

No planning objections

BCC Pollution Control

In the above cases, the commodity for sale has not been identified therefore making a determination difficult. However, given that these locations are within sensitive commercial areas where noise and other environmental complaints have arisen from street trading and entertainment in the past, it is likely that controls will be required for the daytime use, particularly in terms of controlling noise from these sites.

BCCM and Chamber

38 businesses were surveyed in Castle Street, College Street, Fountain Street and Fountain Lane  and  of  those,  61% of existing businesses

stated that street trading would have a negative impact on their business.  It should be noted that a number of businesses had experience of this with current licensed street trading.

Bill Morrison

College Street is a busy pedestrian and service street linking College Square East across Queen Street with the primary shopping streets. The Streets Ahead programme proposes to extend Disabled Parking along the north side of College Street.

In my opinion, having due regard to future plans for public realm and to vehicle servicing, this proposal would not be desirable. I recommend accordingly that this part of the street should not be designated for the purposes of street trading.

DSD

Would require vehicle tracking to ensure that enough space is available for vehicles to make the turn from Fountain Street and again pass the disabled spaces whilst maintaining adequate pedestrian movement and line of sight to shop fronts and doorways.

PSNI

Would have concerns about these pitches. Work is underway with SW Quarter Masterplan and Streets Ahead re the image of this area and it would be imperative that any new stalls created are in keeping with this. Creating rights in the area may hamper plans for this area. The lack of information on commodities is also a concern re the impact and image of the area. There could be issues with congestion and especially with image of the area in relation to the stall at Wellington Place and again at Castle Street end.

Roads Service

Likely to interfere with swept path of delivery vehicles – could only comment fully when commodity and size if pitch has been determined.   The  type  of   commodity   is

important to establish if the stall has the potential to have an effect on local traffic. A food stall, for example, may encourage vehicles to park to buy from the stall causing increased congestion. There is also the issue of servicing the stall in terms of volume of produce and replenishment.

Planning Service

No planning objections

BCC Pollution Control

In the above cases, the commodity for sale has not been identified therefore making a determination difficult. However, given that these locations are within sensitive commercial areas where noise and other environmental complaints have arisen from street trading and entertainment in the past, it is likely that controls will be required for the daytime use, particularly in terms of controlling noise from these sites.

BCCM and Chamber

38 businesses were surveyed in Castle Street, College Street, Fountain Street and Fountain Lane and of those, 61% of existing businesses stated that street trading would have a negative impact on their business.  It should be noted that a number of businesses had experience of this with current licensed street trading.

Bill Morrison

Consistent with previous (site 8), College Street is a busy pedestrian and service street linking College Square East across Queen Street with the primary shopping streets.  The Streets Ahead programme proposes to extend Disabled Parking along the north side of College Street

In my opinion, having due regard to future plans for public realm and to vehicle servicing, this proposal would not be desirable. I recommend accordingly that this part of the street should not be designated for the purposes of street trading.

DSD

DSD would want the positioning of a designated site to be parallel with the tramlines or along the same line as the other street furniture.

PSNI

Would have concerns about these pitches. Work is underway with SW Quarter Masterplan and Streets Ahead re the image of this area and it would be imperative that any new stalls created are in keeping with this. Creating rights in the area may hamper plans for this area. The lack of information on commodities is also a concern re the impact and image of the area. There could be issues with congestion and especially with image of the area in relation to the stall at Wellington place and again at Castle Street end.

Roads Service

The type of commodity is important to establish if the stall has the potential to have an effect on local traffic. A food stall, for example, may encourage vehicles to park in Wellington Place to buy from the stall causing increased congestion. There is also the issue of servicing the stall in terms of volume of produce and replenishment.

Planning Service

No planning objections

BCC Pollution Control

In the above cases, the commodity for sale has not been identified therefore making a determination difficult. However, given that these locations are within sensitive commercial areas where noise and other environmental complaints have arisen from street trading and entertainment in the past, it is likely that controls will be required for the day time use, particularly in terms of controlling noise from these sites.

BCCM and Chamber

38 businesses were surveyed in Castle Street, College Street, Fountain Street and Fountain Lane and of those, 61% of existing businesses stated that street trading would have a negative impact on their business.  It should be noted that a number of businesses had experience of this with current licensed street trading.

Bill Morrison

Fountain Street is a high footfall pedestrian street linking Donegall Place with Castle Street, with an important additional function of providing service access to major shops in Donegall Place. There are no planning grounds to oppose designation of that part of the street from College Street to Wellington Place.

In my opinion, street trading is not likely to cause significant harm to townscape and controlled street trading in this location could enhance the vitality of the City centre. Service vehicle movements would not be compromised at this end of the pedestrianised street. I recommend accordingly that this part of Fountain Street be designated for the purposes of street trading. No more than a single licence should be issued and positioning should have regard to future plans for public realm and to vehicle servicing. It should be confined to day time trade.

DSD

Under the Streets Ahead project, this site has been proposed as a location for artwork.

PSNI

Would have concerns about these pitches. Work is underway with SW Quarter Masterplan and Streets Ahead regarding the image of this area and it would be imperative that any new stalls created are in keeping with  this.    Creating  rights  in  the  area  may

hamper plans for this area. The lack of information on commodities is also a concern re the impact and image of the area. There could be issues with congestion and especially with image of the area in relation to the stall at Wellington Place and again at Castle Street end.

Roads Service

The type of commodity is important to establish if the stall has the potential to have an effect on local traffic. A stall at this location has the potential to interfere with delivery vehicles. Roads Service would only agree to a stall at this location if it is placed in a position where obstruction would not take place. BCC to establish with applicant if an alternative position can be agreed.

When asked for their advice on a suitable alternative location Roads Service commented that they would comment on specific proposals as submitted. These should be dimensioned to allow full consideration of the proposals as it relates to the existing streetscape. Where proposals exist to significantly alter the nature of the immediate environment such as proposals for the South West Quarter, they would suggest that any designation be limited to the existing layout and be reviewed again once the SW Quarter proposals have been fully developed.

Planning Service

No planning objections

BCC Pollution Control

In the above cases, the commodity for sale has not been identified therefore making a determination difficult. However, given that these locations are within sensitive commercial areas where noise and other environmental complaints have arisen from street trading and entertainment in the past, it is likely that controls will be required for the day time use, particularly in terms of controlling noise from these sites.

BCCM and Chamber

38 businesses were surveyed in Castle Street, College Street, Fountain Street and Fountain Lane and of those, 61% of existing businesses  stated  that  street  trading  would

have a negative impact on their business.  It should be noted that a number of businesses had experience of this with current licensed street trading.

Bill Morrison

It is not recommended that designation be extended to include this pitch, as it is important that the site be reserved for a public art installation as proposed under the Streets Ahead public realm regeneration project.

Fountain Newsagency

They are concerned about the effect a stall might have on their business. They raise the issue of vehicular access and state that quite often Fountain Street is grid locked with traffic.

DSD

PSNI

Conflicts with the Arthur Square artwork position

Siting of any stalls in this area would be very inappropriate. DSD will be installing a new sculpture in the centre of this Square and is to designate it as an attractive public space. The placing of stalls in the area would greatly clutter the area and with the impact of the sculpture would congest the area and possible access and exit routes from the Victoria Square and other places in the area. Number 16 is actually on the site of the sculpture. There is sufficient provision in the area and the permitting of stalls in the area would go against the whole image of the area

Roads Service

Site currently undergoing development by DSD and is earmarked for a public art installation.

Planning Service

Not acceptable due to there being a proposed public art project at this location.

BCC Pollution Control

Pitch is located in mainly commercial areas. As the sale of hot food is requested it is likely that these uses will give rise to noise, odour and litter etc therefore activities will need to be controlled by the use of conditions to mitigate any potential adverse environmental and amenity impacts.

BCCM and Chamber

39 businesses were surveyed in Ann Street, Arthur Square, Arthur Street, Castle Lane, Cornmarket and William Street South and of those 69% of businesses see street trading as having a negative influence on trade. Businesses are particularly opposed to hot and cold food beverage stalls due to hygiene concerns, potential litter and anti-social behaviour. It should be noted that a number of businesses in this area had also experienced detrimental impact on trade with current licensed street trading.

Michael O’Hagan

Commercial Director

Multi Developments

(Victoria Square)

They are concerned about ‘market trade activity’ in or around Arthur Square, which is adjacent to their £320 million Victoria Square development. They believe that this type of activity creates a poor and unattractive appearance in a prime commercial location.

Philip Gallagher

Javaman Coffee

Mr Gallagher emailed the Council and wrote that the area should have sites allocated for hot and cold beverages and confectionery.

Bill Morrison

Cornmarket is a busy pedestrianised shopping street linking Arthur Square with High Street. It is broader than other pedestrianised streets around it and presents an attractive pedestrian environment well set off by the features of Arthur Square.

In managing the retail environment there are locations where it is sensible to prevent street trading from taking place. The  power  to  designate  streets  can  be

used effectively to rule out street trading in certain primary shopping streets where harmful consequences are foreseen. The Council has chosen to protect Donegall Place and Royal Avenue for this reason. In my opinion, the city’s retail environment will be enhanced with the Victoria Square development, and Cornmarket will assume particular importance as the major approach to the centre. I therefore recommend that Cornmarket be regarded as a primary shopping street deserving of full protection from street trading.

With regard to Arthur Square, it is particularly important to protect the setting of listed buildings, and to take due account of the public realm regeneration that will be focused on this area – including a major artwork installation in Arthur Square as proposed under the Streets Ahead public realm regeneration project. I therefore recommend that no part of Cornmarket/Arthur Square be designated for the purposes of street trading.

DSD

The position shown would conflict with the store access to Frazer’s shop. Arthur Square is a difficult area to accommodate stalls because of the vehicle and pedestrian movements that are required

PSNI

No issues

Roads Service

Site currently undergoing development by DSD

Planning Service

Not acceptable due to the street pitch being at a public area that will be used as the main entrance to Victoria Square.

BCC Pollution Control

In the above cases, the commodity for sale has not been identified therefore making a determination difficult. However, given that these locations are within sensitive commercial areas where noise and other environmental complaints have arisen from street trading and entertainment in the past, it is likely that controls will be required for the day time use, particularly in terms of controlling noise from these sites.

BCCM and Chamber

39 businesses were surveyed in Ann Street, Arthur Square, Arthur Street, Castle Lane, Cornmarket and William Street South and of those 69% of businesses see street trading as having a negative influence on trade. Businesses are particularly opposed to hot and food beverage stalls due to hygiene concerns, potential litter and anti-social behaviour. It should be noted that a number of businesses in this area had also experienced detrimental impact on trade with current licensed street trading.

David Frazer

Director

Frazer Apparel

Opposes the introduction of a site outside their premises. The site would visually impair their window frontage and would be contrary to the Streets Ahead programme.

Bill Morrison

Pitch No 17 is outside John Frazer (formerly Mooney’s pub and a pitch more aptly described as in Arthur Square). Consistent with the above number 9, site 16, it is recommended that Arthur Square should not be designated for street trading.

Translink

Translink wrote to the Council and stated that the streets or part there of being considered today will not affect their operations.

Northern Ireland Fire and Rescue Service

The Fire Service wrote to the Council and stated that access to any property or fire hydrant or water supply for Fire Appliances, equipment and personnel should not be obstructed.