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.

A Licensing Officer introduced the report, listing proposed trading hours and refreshments to be sold. A total of 2 objections had been received from LOOH and the North Neighbourhood Team. These objections centred around the number of nearby establishments offering similar products, noise emanation, and the possible increase of litter in the area. The Licensing Officer noted that the Planning department had advised that the unit to which this application relates is unauthorised in planning terms and currently subject to enforcement proceedings.

The applicant then addressed the Hearing Panel, informing them that they had updated their menu to mainly sell healthy food. They noted that was not on offer at other takeaways in the area. In addressing litter concerns, the applicant stated they would have their own disposable bins at their stall. At this point, the applicant provided the Hearing Panel with a copy of the updated menu and a map showing where they would be located. The applicant stated that they had chosen the back of the carpark to ease concerns about traffic congestion around their site as they felt near the main road would have been too busy. The applicant did acknowledge that they would not offer a set menu. The applicant stated they would be happy to liaise with LOOH regarding their trading hours.

In questioning, the Panel sought to establish further information on why the applicant had chosen Manchester when they live in a different place and if they had planning permission as referenced by the Licensing Officer. The applicant stated that they had seen a gap in the market in this area and that’s why they had chosen here. The applicant then informed the Panel that they had spoken to the Planning department and had been informed they did not require planning permission if they were to move the trailer at night. They had not decided what to do yet but would seek this permission if required.

LOOH then addressed the Hearing Panel, noting that the area applied for is a busy area with high footfall and already has numerous food outlets and takeaways in the vicinity. LOOH listed the original foods the applicant had requested to sell, however did acknowledge that the applicant had suggested this would be different should they receive consent. The car park applied for has two other street traders, meaning if consent was granted, there would have been three vendors within 50 metres in a confined area. LOOH were concerned about the number of food and drink provisions already in the area, referencing Section 3.1.2 of the Statement of Policy which states that if there are enough traders trading in the street from shops or otherwise in the good which the applicant desires to trade, this is a consideration for refusal.

The applicant questioned whether LOOH were aware that one of the street traders referenced had not traded for around 6 months. LOOH stated that until they surrender their licence, this is irrelevant as they could return at any point.

LOOH at this point sought clarity regarding if the applicant had a waste contract in place. They stated they had it in writing that they would be authorised to use the bins of Worldwide Foods.

In summing up, LOOH stated that there are already enough similar outlets in the area. They acknowledged the change to the menu but were concerned that there are already three street traders in the area.

The Licensing Officer summed up by stating that the Panel should consider the application in relation to the Street Trading policy.

In their deliberations, the Hearing Panel noted that the applicant had altered their menu as to ensure they would not be providing the same items as others in the area.

Decision

To approve the consent for Street Trading, subject to opening hours of 11.00 to 22.00 and the revised menu.