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 regarding an application for street trader consent at the above location. The written papers and oral representations of the parties who attended the hearing were also considered, as well as the relevant legislation. The hearing as conducted in line with the established procedure for such hearings.

The application had attracted one written representation from a member of the public. In outlining the application, the Principal Licensing Officer advised the Sub-committee that the Licensing department had contacted the Objector to see if they planned to attend the hearing. In response the Objector had indicated that they were no longer concerned about the application.

The Applicant attended the hearing and confirmed that:

-        no hot food would be prepared outside, and the proposed area would used as a point of sale where cold food would be provided to customers, which they could take home and re-heat.

-        the Applicant owns the food premises at this location which already provides hot food.

-        The Applicant already has street trading consent to sell mangos from the location, which is seasonal.

-        the food premises already has pest control measures in place for the premises.

-        no extra space would be needed as it will be simply a point of sale at the location.

-        there is a carpark available behind the premises for customers to use, as well as a Lidl carpark that is very close by.

-        no extra rubbish would be generated as the food is to be taken home and would not be eaten at the premises.

-        the food would be cooked at their food premises at the location not at the unit. 

-        the area would not get congested any more than it does currently as it is already a food outlet.

-        there are sufficient measures in place (Biffa Contract) to control the waste produced by this operation therefore it would not exacerbate any existing waste problems in the area.

-        they will be selling cold Chicken Biryani for £3.00.

The Sub-committee took into account that the Applicant was already trading from this location and was satisfied that sufficient measures were in place such that the proposed operation would not impact on others in the locality in view of the Applicant already having a food business which operated from this location. Panel Members agreed that allowing this additional unit would not have an impact on the area. The Sub-committee was satisfied that there was sufficient space for the unit so no undue interference or inconvenience to persons using the street would occur. The Sub-committee also took into consideration the sole objector’s comment regarding the application.

In reaching their decision, the Sub-committee took into account the Local Government Miscellaneous Provisions Act 1982 Schedule 4 and Manchester City Council’s Street Trading Policy, the latter of which states at Section 3.5 & 3.6:

3.5.      Whilst the statutory grounds differ between a licence and a consent, the policy  ...  view the full minutes text for item 118.