Agenda and minutes

Agenda and minutes

Licensing and Appeals Sub Committee Hearing Panel - Monday, 3rd April, 2023 10.00 am

Venue: Council Antechamber, Level 2, Town Hall Extension. View directions

Contact: Ian Smith 

Items
No. Item

29.

Exclusion of the Public

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.

Minutes:

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.

30.

Application for a Street Trading Consent - Vanoffee, To the front of all Saints Park (to the right of Couch Potato)

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

Additional documents:

Minutes:

The Hearing Panel considered a report from the Director of Planning, Building Control and Licensing.  The Hearing Panel also considered the written papers of the parties and the oral representations of the parties who attended as well as the relevant legislation.

 

The Licensing Unit Officer addressed the Hearing Panel, noting this application was for a new Street Trading Consent. The applicant requested trading hours of: Monday to Friday 7am to 3pm, and Saturday to Sunday 9.30am to 3pm. The applicant requested to trade items including Ice Cream, Coffee, Hot Chocolate, Cookies and Cooked Pastries. The Licensing Unit Officer noted that three objections to the application had been received and provided a summary of those objections.

 

The panel noted that in the objection summary, reference had been made to litter and health and safety concerns of getting the unit on and off the pavement. Questions were then raised regarding both issues. The Licensing Unit Officer stated it would not be their team that dealt with litter concerns but that there were standard conditions added to Street Trading Consent’s relating to litter. They noted a panel had the powers to strengthen those conditions. In terms of any health and safety concerns, the Licensing Unit Officer accepted that other units had been trading from this location for a long time and that the issues brought by the bus and cycle lane were relatively new. They did note that other traders in this location had permission to keep their unit there when not trading.

 

The applicant attended the hearing and addressed the panel, noting that this was an application for a coffee van, utilising a converted ice cream van. Their focus for the application was on wellness and mental health and felt this would bring added social value to the business for the area. The applicant believed their food and drink offering to differ from those already operating in this location. They noted that the van was a hybrid and therefore the engine would not be required when trading, with the business aiming for a fully electric van in the future. The applicant would use sustainable packaging.

 

A representative attended with the applicant, stating that there would be at least 2 people involved in moving the unit on and off the location at all times to alleviate any health and safety concerns.

 

LOOH questioned the applicant regarding how the applicant would move their unit safely and how they would manage queues. The applicant stated that there is CCTV on the van and a reversing alarm to assist with moving the unit. They noted the space applied for was roughly 6 to 7 metres and the unit was only 3.5 metres. There would always be two people present when moving the unit. In terms of queue management, the applicant felt that the pavement had good depth for this. They would utilise a pop-up stand at the end of the unit for customers to utilise items such as sugar, with a litter bin next to this.  ...  view the full minutes text for item 30.

31.

Application for a Street Trading Consent - Wray's, Layby outside Alexandra park Gates, Near to Quinney Crescent/Princess Rd Manchester

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

Additional documents:

Minutes:

The Hearing Panel considered a report from the Director of Planning, Building Control and Licensing.  The Hearing Panel also considered the written papers of the parties and the oral representations of the parties who attended as well as the relevant legislation.

 

The Licensing Unit Officer addressed the Hearing Panel, noting this application was for a new Street Trading Consent due to the previous consent having expired. The hours applied for were the same as previous and the Licensing Unit Officer provided a summary of the refreshments applied for. It was noted that three objections had been received and a summary of those was provided.

 

The applicant addressed the Hearing Panel, stating that they had been trading from this location for a year. They noted an objection had been received from the operators of the café inside the park, who had been there for six months. The applicant informed the panel that they had worked around the cafés opening hours, not wanting to hinder another business. The applicant stated that they clean around their unit on arrival and when leaving, with the assistance of volunteer residents on occasion. They noted that their generator can emit noise when first turned on, but that noise reduces over time. They also felt that noise emanation was heavier from the nearby main road. The applicant stated they wanted to engage with nearby businesses. They felt that their business was closer to those on the nearby main road than those within the park. The applicant noted that the items they traded were different to those offered within the park.

 

The Licensing Unit Officer sought clarity on the position of their unit. The applicant stated they park their unit to the right of the park entrance and informed the panel that the image provided in the report was not accurate.

 

An objector from a local business questioned why the applicant had chosen the location. The applicant stated that they run a café in Fallowfield but built up a mobile unit during lockdown. They had researched different areas and settled on this location.

 

The panel raised concerns regarding the location, questioned what the applicant did if their parking space was taken and if the applicant considered working with MCC’s events team when there are major events taking place at or around the park. The applicant noted that the location was what was previously applied for. They stated that if the space is taken, they would wait. However, usually the applicant would go to the park to check the space was available first as they lived close by. The applicant had previously worked with MCC’s events team to find a safe location to trade when major events were taking place.

 

An objector from a local business addressed the panel, noting their concerns that theirs was a new business in the park that had only been operating for around five months. They were concerned that this application would detract from their business as it was located at a key entrance  ...  view the full minutes text for item 31.