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

The Hearing Panel considered a report from the Head 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 Applicant, Licensing and Out of Hours (LOOH), Greater Manchester Police (GMP), a Ward Councillor and the Neighbourhood Officer attended the hearing.

After hearing all of the evidence from the objectors, the Panel agreed that the proposed site is a totally unsuitable location for a street trader. The suggested location for this street trader would be situated in a residential area. The Committee accepted that noise would be created by the operation of the unit by customers queuing, delivery drivers coming and going from the site affecting local residents. 

The two main grounds for refusal were:

Ground 1

3.1.1.  That there is not enough space in the street for the applicant to engage in the trading in which he desires to engage without causing undue interference or inconvenience to persons using the street.

Following careful consideration of the evidence, the Panel concluded that the suggested site was so narrow that it would force customers on to the pavements, restricting access and causing inconvenience to persons using the street. Further the Panel was concerned that the proposed trailer would not fit on the proposed site as outlined by the LOOH’s team.

Ground 2

3.1.2.  That there are already enough traders trading in the street from shops or otherwise in the goods in which the applicant desires to trade.

The Panel could not be satisfied that the products to be sold were unique as stated by the Applicant. The Panel heard evidence from the objectors that the products were readily available in shops and restaurants in close proximity to the proposed site.

The Committee remind themselves of the aim of the policy which states at section 3.7:

•         Ensure that street trading is properly regulated and only takes place in appropriate locations, at appropriate times and in appropriate ways

 •        Ensure that traders and people that they employ are suitable to undertake the activities applied for and do not pose a threat to the public

•         Ensure that trading does not cause an unreasonable disturbance to residents and businesses

•         Ensure that trading is carried out in a manner that protects public health

The Panel was advised by the Objectors of the current problems with waste in the area and that granting this application would only exacerbate these problems. The Panel welcomed that the Applicant had attempted to clear the site from rubbish but there were still issues in the area with waste. 

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 For all the reasons stated above the Panel do not see fit to grant this application.

Decision

The Panel refused to grant consent for the application.