Agenda item

Applicant: Laura Terry

Objectors: Paul Ivory (Avonvale Carpets), Ian Menzies (Seafoods), Councillor Andrew Furse

The parties confirmed that they understood the procedure to be followed for the hearing.

The Public Protection Officer presented the report. 

The Applicant stated her case and was questioned by Members.

The objectors stated their cases and were questioned by Members.

The Applicant made a closing statement.

Councillor Furse made a closing statement.

Following an adjournment, the Sub-Committee RESOLVED to issue a street trading consent subject to the standard conditions.

Decision and reasons

Members have had to determine an application to create a Street Trading pitch at Kingsmead Street. In determining the application the Local Government (Miscellaneous Provisions) Act 1982, Council Policy and Human Rights Act were taken into account.

The applicant stated she lives and works in Bath. She will use ingredients from local suppliers and serve food in recyclable containers. The stall itself is self-contained, purpose built and covers a relatively small area.  The applicant further stated the goods to be offered are baked potatoes which are healthy and wholesome alternatives to food fried in a wrap or bun.  Having looked at the area and operation of businesses there the applicant was careful to ensure that her operating hours and pitch location should not negatively impact on them.  She also suggested a pitch in this location may in fact draw additional footfall and increase trade generally.

The objectors stated a pitch in this location would be hazardous and be inconvenient to those loading and un-loading of goods at premises in the location and goods arrive at all times throughout the day.  The objectors also questioned the licensing process, history of pitches in the location, the ambition for Kingsmead Square in terms of the street experience and the appearance and operation of other pitches in the city more generally.

In reaching a decision Members took account of the relevant representations and balanced the competing interests of the applicant, supporting representation and objectors. Members were mindful to deal with the matter on its merits and disregarded concerns relating to the licensing process, perceived need for stalls in the area, history of stalls in the location, any proposed redevelopment of the area and the appearance and operation of other stalls across the city.

With regards to the creation of the pitch, Members had regard to their policy. Members noted the application area measured 1.7m x 1.85m and there were no objections from the Highway Authority and despite being made aware in the meeting of the ambitions for Kingsmead Square no objections were received from the Public Realm team. Given the size of the stall and its proposed location, Members found it would be unlikely to have a detrimental effect on public safety, amenity, cause an obstruction or imped safe access and egress to and from it or premises based trading in the vicinity.  So far as the nature of the goods sold Members reminded themselves of their Policy and placed little weight on the objection referring to the need for additional food outlets and similarities between goods to be offered for sale on the stall and premises based traders.

Accordingly, Members found it both reasonable and in the public interest to create the pitch which provided ample space on each side for pedestrians to pass, repass and vehicles to service premises in the area.  Therefore, the application was granted as applied for and authority was delegated to the Licensing Officer to issue consent subject to the standard conditions.