To receive apologies for absence.

Apologies were received from Councillors H. Bramer, R.B.A. Burke, M.R. Cunningham, P.G. Turpin, A.L. Williams and Mr G. Jones and Mr P. Thomas.

To receive details any details of Members nominated to attend the meeting in place of a Member of the Committee.

To receive any declarations of interest by Members in respect of items on the Agenda.

Councillors J.W. Hope, D.C. Taylor and J.B. Williams all declared personal interests on 7th January 2007.

Councillor Phillips declared a personal interest, as a Council appointed Director of the Edgar Street Grid Board, at the reconvened meeting on 15th January 2007.

To consider suggestions from members of the public on issues the Committee could scrutinise in the future.

No suggestions were received from the members of the public present at the meeting.

To consider Cabinet’s decision to approve a site for the purpose of relocating the Hereford Livestock Market.

The Chairman opened the meeting by explaining that the meeting would take place in three parts.  Firstly, the Committee would hear from and question a range of witnesses.  Once all the evidence had been heard the Committee would adjourn and reconvene at 12.30 p.m. on Monday 15th January 2007 to consider the finances of the livestock market relocation, it was intended to that the public and press would be excluded from this part of the meeting.  After considering the financial aspects of the relocation the Committee would adjourn again and reconvene at 2.00 p.m. on Monday 15th January 2007 in public where it would review all the evidence heard and consider whether to make any recommendations to Cabinet.

The Chairman acknowledged a number of written statements and questions which had been received from Members of the Public.  He explained that he anticipated the majority of the points raised in these submissions would be answered during the debate.  A written response to all questions submitted would be sent after the meeting.

The Chairman reminded Members and witnesses that the principle of relocating the Market was not a topic for discussion as this had already been agreed by Council.  The remit of the Call-in was:

·         To seek confirmation that full and final consultation has taken place and that the public have had every opportunity to have their say.

·         To ensure that every alternative site had been examined and that the chosen option is the best solution.

·         To ensure that the site is economically viable for a market.

·         To ensure that the site represents value for money for the Council.

Before moving to the first witness the Chairman asked the Legal Practice Manager to explain the Market Charter.

The Legal Practice Manager explained that the City of Hereford was granted a Market by Queen Elizabeth I by Royal Charter in 1597.  The Charter outlined the right of the people of Hereford to have a Market on Wednesday, Friday and Saturday each week within the boundaries of the City Walls.

The 1835 Municipal Corporations Act extended the area in which the Market could be located to the then Parliamentary boundaries of Hereford.  The current Livestock Market is placed within this boundary.

This boundary was later confirmed by the 1882 Municipal Corporations Act.

The Market offered needs to be of a sufficient size and ready for anyone to buy and sell.  If a market was not provided then that could be legally challenged by anyone having a right to use the Market, or indeed by the Auctioneers.  There was a clear legal obligation to hold a Market. This obligation was reaffirmed by a legal precedent from Islington Markets Act of 1835, referred to and approved by the Mayor of Macclesfield’s case of 1843.

The Hereford Markets Act 2003 subsequently extended the area in which the Livestock Market could be held to anywhere in the County.

The Butter Market and Farmers Market could also be moved anywhere within the County. The Act however provides that none  ...  view the full minutes text for item 48.