Agenda item

The Sub-Committee considered the report which sought determination of an application to vary the Street Trading Consent to include the cooking and sale of hot food in respect of the Street Trading Pitches within Southgate Place. 

The applicant was not able to be present and had sent his apologies and was happy for the application to be heard in his absence.

The applicant's case was in the paperwork.

The objector Sandra Wilcox put her case and made the following points:-

·  the windows in her flat overlooked Southgate so any smells would invade her home every day 10:00 - 18:00 hours;

·  measures had been taken re the escape of odours from the Cosy Club and wires had been fixed to the parapets to deter the seagulls;

·  this application would attract the gulls;

·  this was not acceptable in Bath a heritage city.

In answer to questions the objector made the following points:-

·  she noted that cold food was already allowed and she had only seen ice-cream sold which gulls did not like;

·  in his letter the applicant referred to the Christmas Market and similar events not weekly or even monthly, the objector stated that if it was just the Christmas Market at that time of year her windows would be shut so there would not be a problem but as the application was for hot food every day it gave him the potential to provide hot food throughout the year which would cause a problem.

The objector chose not to sum up.

Following an adjournment it was

RESOLVED that the application to vary the Street Trading Consent as applied for, to include the cooking and sale of hot food in respect of Street Trading Pitches within Southgate Place, be granted subject to the standard terms and conditions.

Reasons for decision

In determining the application to vary a Street Trading Consent at Southgate Place, Bath Members took into account the Local Government (Miscellaneous Provisions) Act 1982, the Council’s Policy on Street Trading and the Human Rights Act 1998. 

Members noted that the applicant was unable to attend this morning and had agreed that the matter should be determined in his absence.  Members therefore took account of his written representations and the oral representations from the objector(s).

Members noted the applicant was seeking the ability to sell hot food to tie in with events such as the Great Bath Festival and Christmas Market.  They also noted his statement that he was responsible for residential apartments in Southgate with over 150 residents and in the 4 and a half years of trading there had been no complaints and if granted he would closely monitor the situation.

Members heard that the objector’s property overlooked Southgate place and she did not want the smell of cooked food every day from 10 am and the gulls attracted causing a nuisance.

Members determined, however, that given the applicant’s representations, commitment and all the surrounding circumstance, Members determined that this application would not cause a nuisance.  Accordingly the application was granted as applied for.

That delegated authority be given to issue the consent.