Wirral Council licensing panel refuses new market application

Members of Wirral Council’s licensing panel met to hear an application for a licence to set up a new market in Birkenhead town centre.

The application was to use the site of the former Marks and Spencer store at Borough Pavement to operate a Community Market.

A report was prepared for the licensing panel which is comprised of councillors. The Panel met at Wallasey town hall on Friday October, and the report which the application is available online on the council website.

The application was for wide range of stalls and the applicant indicated that this could be influenced by the level of demand for different types of goods from customers at the proposed community market. In addition, it was proposed to have a limited food offer while the aim of the market was also to be a “community hub” to include charitable events using the skills of the traders.

Members of the panel heard submissions from the applicant and from Birkenhead’s three ward councillors in support of the application. Among them was ward councillor Pat Cleary who said the proposed market would not be in competition with Birkenhead Market but would complement it. Cllr Cleary further said that the granting of the application would have a positive impact on footfall and local employment within Birkenhead town centre and that the Council’s Market Rights Policy provides scope for the Licensing Panel to grant the application. 

The council’s Interim Director for Regeneration and Place, Marcus Shaw, spoke at the Panel’s hearing opposing the proposal. Mr Shaw said that granting the market licence as applied for would create a significant risk to the regeneration of Birkenhead Town Centre, including the development of Birkenhead Market, as well as creating economic uncertainty for traders currently operating in current market and damaging the Birkenhead Market brand.

Following submissions members of the Panel decided to refuse the application. A letter sent by the Licensing Panel to the applicant giving its decision and reasons said that members had particular regard to the Market Rights Policy which states that “it is the council’s role to protect the commercial success of [Birkenhead Market]”.

The letter said the Licensing Panel considered the professional assessment of the Interim Director of Regeneration and Place that:

• the operation and proximity of the proposed market would be directly harmful to the Council’s existing market offer, 
• would create economic uncertainty for existing traders 
• have a serious impact on the significant investment in Birkenhead Market to which the Council had already made a commitment. 
• affect the viability of Birkenhead Market 
• the operation of the proposed market could result in market saturation and financial instability for both markets and create a huge risk to the success of the regeneration of Birkenhead Town Centre