To consider the recommendations of the Community Services Scrutiny Committee held on 11 March 2009 in relation to the proposed relocation of the Hereford Open Retail Market into the St Peter’s Street/High Town interface and Commercial Street each Saturday and Wednesday.

The Chairman of the Community Services Scrutiny Committee presented the report which outlined the outcome of the Call-In by his Committee of Cabinet’s decision of 19 February 2009, which endorsed the recommendations of Cabinet.  He thanked the Cabinet Member Economic Development and Community Services for taking on board the comments of the Community Services Scrutiny Committee.

The Cabinet Member Economic Development and Community Services advised Cabinet of five specific areas of specific changes which would be further considered in relation to the relocation of the Hereford Open Retail Market:

(i)                  the relocation would be for an initial one year trial

(ii)                the strategy for new stalls including their location, would be revisited and adjusted where necessary (in consultation with Hereford City Partnership).

(iii)               A software package, Experion (measuring footfall), would be procured to assess the potential impact of the relocation of the Open Retail Market to the Butter Market.  This would also assess the impact to the Butter Market of other markets held within High Town.

(iv)              A review in detail of stall allocation would be carried out in conjunction with Hereford City Partnership.

(v)                A retail impact study would be conducted as soon as would be practicable.

The Legal Practice Manager advised Cabinet that the provisions of Section 5 of the Hereford Markets Act 2003 provided for a consultation exercise to be undertaken prior to any proposed relocation of a Charter Market.  The General Market, being under consideration in the Cabinet report was such a Charter Market.  The Legal Practice Manager indicated that officers from the markets and fairs section of the Council had undertaken such a statutory consultation process.  A point had however been subsequently developed in correspondence received from Hereford City Council to the Chief Executive, to the effect that Section 4 of the same Act required  consent to be obtained from any person whose "rights, privileges or powers" might be affected by any proposed relocation.  It was contended by the City Council that such persons included those who traded in or near High Town.  Counsel's opinion had been sought by the Assistant Chief Executive (Legal & Democratic).  The opinion had been considered. The view of the Assistant Chief Executive (Legal & Democratic) was that the commercial activities of those retailers referred to by the City Council did not amount to them having either "rights, privileges or powers" of the sort referred to in the Markets Act and as such obtaining their consent was not a legal requirement.

A local ward member in attendance apologised that the legal issue raised by Hereford City Council had not been raised as part of the Community Services Scrutiny Committee deliberations.

The Chief Executive stated the need for the authority to rely on senior legal advice provided by its officers.

The Leader emphasised that during debate held in a previous meeting of Cabinet on this issue, consideration had been given to risks associated with the Hereford Open Retail Market, including both the option of the relocation of the Open Market to  ...  view the full minutes text for item 107