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.

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.

Now contains additional information as submitted by the applicant.

The Hearing Panel considered a report from the Director of Planning, Building Control and Licensing in respect of the above application. The written papers and oral representations of the parties who attended the hearing were also considered, as well as the relevant legislation. The Chair used the agreed procedure to conduct the hearing.

The Licensing Officer informed the panel that the applicant held a licence for this location until 11.00pm Thursday to Saturday. The applicant sought to increase those hours on the same days until 2.00am. One objection had been received from Licensing Out of Hours.

The applicant’s agent addressed the Hearing Panel, noting that the applicant sought to amend condition 33 to allow for trade to take place when other vehicles are parked on the car park and add a further condition that allowed the trailer to remain on-site on Thursday and Friday night. The applicant sought to increase the hours of trading to 2.00am from the current 11.00pm. The applicant had provided a litter policy and External Management policy. The applicant uses identifiable packaging. The trailer is situated on a private car park that can only be used by the owner of the land and the applicant. The applicant sought extended hours due to having to turn away potential customers at their current closing time. The applicant’s agent addressed the representation received from Licensing Out of Hours, highlighting how the applicant does or would deal with the issues raised. They felt that the LOOH representation was not reflective of the evidence before the panel. The agent stated that the application would not undermine any of the four aims of the street trader policy.

Questions were asked of the applicant by LOOH and the panel, uncovering further information. This related to breaches of the current licence, how queues would be managed, the position of the trailer in the car park and how many spaces there were in the car park.

LOOH addressed the panel, raising several concerns. They appreciated that the applicant had amended the application but still felt that post-11pm operating was inappropriate for the area. They felt that noise and litter would both be an issue. LOOH believed that there were sufficient establishments offering similar types of food in the area. They had concerns that there had been breaches of the current licence.

LOOH summed up their case by stating that they believed their representation to remain valid, even considering the amended application. They felt it inappropriate to grant the licence.

The Licensing Officer summed up by stating that the Council’s Street Trading Policy set out what the panel should consider and provided grounds for refusal if required.

The applicant’s agent summed up by stating that this was a much-reduced application that simply sought a variation to what is currently held. They noted that only LOOH had objected but the application had been advertised as required. They felt there was sufficient evidence to grant the Licence and that the applicant had been honest about any breaches of  ...  view the full minutes text for item 54.