Now contains new information from the objector.

The Hearing Panel considered the content of the report and the written and oral representations made by the objector and the applicant. The Objector was not present at the hearing.

The Committee carefully considered the content of the application and the objection, and all further submissions provided by both parties as well as the oral submissions made on behalf of the Applicant.

The Committee accepted as genuine the Applicants remorse at having traded on streets outside his previous consent and for having parked inappropriately and his assurances that this would not be repeated. The Committee considered his previous long history of trading without any complaints. The Committee also accepted the assurance that the noise heard on the video supplied by the objector was not coming from his vehicle, the Committee agreed that the source of noise sounded as if it was closer to the recording device that the vehicle was when the recording was made.

The Committee also accepted that the vehicle needed to idle when stationary and serving customers in order to enable the ice cream to be produced.  The Committee also took into account, the fact that the Applicants vehicle would only be present in any location for a short time.

In all the circumstances the Committee considered it appropriate to grant the consent.

Decision

To grant the application for the consent with the conditions as attached on the consent.