The officers consider that the following item or items contains exempt information as provided for in the Local Government Access to Information Act and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The Committee is recommended to agree the necessary resolutions excluding the public from the meeting during consideration of these items. At the time this agenda is published no representations have been that this part of the meeting should be open to the public.

A recommendation was made that the public be excluded during consideration of the following items of business.

Decision

To exclude the public during consideration of the following items which involved consideration of exempt information relating to the financial or business affairs of particular persons, and public interest in maintaining the exemption outweighed the public interest in disclosing the information.

The report of the Director of Planning, Building Control and Licensing is enclosed.

The Hearing Panel considered a report from the Director of Planning, Building Control and Licensing.

The Principal Licensing Officer introduced the report and advised the Panel that the Licensing  Out of Hours team had initially submitted a representation on the basis there was not sufficient room for pedestrians to pass the proposed unit which was to be positioned on the pavement area. That representation was subsequently withdrawn in light of the proposal to place the unit on the road with the hatch facing towards the pavement for service of food.  However there remained a representation from an existing street trader (Couch Potato) who was present at the meeting.

In line with the established procedure for such hearings, the Panel firstly considered the Applicant’s statement. 

The Applicant stated that although the names of the products being sold appeared the same as the established business, ‘Couch Potato’, they were not; and the food would be authentic Portuguese or mainly Portuguese cuisine in view of the number of Portuguese students at the college near the proposed site.  This food, she asserted was markedly different to existing local food offer. 

The Panel was informed that the proposed site had been selected due to the number of residents in the area, its diverse population (including the local student population) and was pedestrianised.  The Applicant was of the opinion they could operate alongside with the objecting street trader and meet all the customers’ needs and that competition was good for business.

The Panel then considered photographs were provided of the site including an  additional photograph showing the location of the objector’s unit in the context of the proposed site for the Applicant.  The Applicant advised when questioned the proposed trailer was 2 metres wide and 3 metres in length. 

A Panel Member noted that the photograph of the proposed location showed an articulated wagon on the carriageway and expressed concerns about the risks such vehicles would pose on pedestrian and road user safety at the proposed location should consent be granted. 

The Panel then heard from the Objector who explained that  whilst he was not against anybody running a business, naming each in turn.

He outlined concerns about the potential impact on his business and staff (one full-time and two part-time) in the context of rising costs on income and the likelihood of ceasing to trade. He made reference to a similarity of the food offer as set out on the written application and the location of the site on passing trade.  He also reported a downturn in sales of tea / coffee when the college recently opened a coffee outlet.

The Objector also referred to previous incidents where his unit had been impacted upon by large articulated vehicles when turning at the site.  This however had been remedied by moving the unit by a couple of feet. 

In reaching its decision the Panel also considered the Council’s Street Trading Policy, Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 and Article 1 of Protocol  ...  view the full minutes text for item 10.