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 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 to the park.

The panel questioned the objector regarding the offering from each trader, and if when going through the tender process for the café, they had been aware of the applicant’s unit outside the park. The objector accepted that some of the products offered by each trader were different. They stated they were not aware of the applicant’s business when going through the tender process.

The 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 they felt there was room in the area for all businesses. The applicant wanted to work with other operators in the area to find a solution that worked for everyone and allowed their businesses to add value to the area.

In their deliberations, the Hearing Panel considered the Local Government (Miscellaneous Provisions) Act 1982 (Schedule 4) and its own Street Trading Policy, whilst noting both the written and oral representations received.

Decision

To grant Street Trader Consent subject to the following conditions: -

• Daily litter pick must be carried out on trading days in the vicinity of the Mobile Unit, including within a reasonable distance inside the park itself.
• All packaging produced and used for the sale of goods must be identifiable as emanating from the business.
• The Unit is to be situated in a safe location either side of the park gates at the junction with Claremont Road.
• When major events are taking place at the Park the Applicant must enter into early discussions with MCC to ascertain a suitable location to carry out trading on such dates.