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.

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 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 of the proposed location, noting that previous consent had been given which had expired in April 2024. This application was only for the months up to October 2024. Two objections had been received and one of those had been agreed and withdrawn.

The panel sought clarity on the length of time the consent had been applied for. The Licensing Officer confirmed that it had been applied for from July to October 2024.

The applicant addressed the Hearing Panel, noting that this would be their third-year trading from this location, should consent be given. Due to a family illness and the winter months being quiet, the application only included the summer months. There had always been high demand when trading and the applicant had not experienced any issues in their time trading from this location. The applicant noted their wish to work with the Carnival and wanting to be part of it. They noted they were open to discussions and wanted to work with Manchester City Council.

The panel asked if there had been any issues in the applicant’s time trading from this location. They confirmed there had not been.

A resident objector addressed the Hearing Panel, noting that there are issues over Carnival with illegal traders. They noted that having traders at the entrance to the park creates a gathering of people. The park is Grade II listed and the objector felt that a vehicle parked at the entrance detracted from the aesthetics. They also noted that the vehicle could have a negative economic impact on the café in the park.

The resident objector had nothing to add when invited to sum up.

The Licensing Unit Officer summed up by stating the panel should consider the application in regards to the objections received and the Council’s Street Trading Policy.

The applicant summed up by stating that there was another trader in a similar location. They noted that there had been objections from others in the past who they had worked with and now no longer made objections. They felt the remaining objection related mainly to the two days of Carnival and not the rest of the year.

In reaching its decision the Panel considered the Local Government Miscellaneous Provisions Act 1982 Schedule 4 and The Manchester City Council’s Street Trading Policy. The panel were satisfied that there had been no complaints or issues in the two years that the applicant had been trading for.

Decision

To grant the application with the condition that trade does not occur during Caribbean Carnival weekend.