Agenda item

The Licencing Officer outlined the application to the Sub-Committee. He explained that it was for a new Street Trading pitch to be created near the junction of Ostlings Lane and Bathford Hill, Bathford. The application proposes the sale of hot food and drink from a trailer unit.

The type of stall to be used will be a mobile trailer unit measuring 12ft. in length.

The times applied for are 5pm to 11pm every day.

39 Objections were received. The grounds for the objections are: Public nuisance, litter, detrimental effect on the area and public safety.

One message of support for the application was received.

The Applicant addressed the Sub-Committee regarding their application and an opportunity to question the applicant was given to the Committee and the interested parties present.

Councillor Peter Martin (Bathford Parish Council) as an interested party addressed the Sub-Committee regarding the objections to the application and was questioned by the Sub-Committee and the applicant.

Decision and Reasons

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

The applicant Mr Akdeniz states he is applying for a street licence for a pitch for a self-contained 12-foot trailer van to sell kebabs, burgers and chips from a pitch in Ostlings Lane, Bathford.  The proposed operating hours will be as set out in the application.  He will be using battery power not a petrol generator, will remove all waste and grey water.

There were written representations from 39 objectors, who stated they lived in the locality.  Objections can be summarised as:

·   Highway safety issues.  The pitch is close to the busy junction of Bathford Hill and Bradford Road and Ostlings Lane.  Customers would be turning across the A363 to access Ostlings Lane.  There is a history of highway incidents.  Parked cars and queuing customers would further reduce sight lines.  Customers would breach the Highway Code by parking close to the junction.

·   Shortage of parking.  Ostlings Lane is narrow and the area already becomes congested, especially when the Crown Inn is open or a rugby match and with parked camper vans reducing the road to single lane.

·   The need for the business is not demonstrated and it would compete with and take business away from the nearby Crown Inn and Robbie’s place in Batheaston. 

·   The location is on the edge of an Area of Outstanding Natural Beauty and at the entrance to a village with a conservation area and would not be in keeping.

·   Public nuisance fears from litter, disposal of grey water, attracting vermin (this is already an issue with the pub), cooking smells, noise from generator and customers, increased risk of visitors and associated risk of burglary and general impact on a quiet residential area.

·   Better locations nearby.

·   If trailer left in situ, it would not be possible to sweep the street in an area where drains become blocked.

There was one letter of support from a local person who considered the business would increase choice as it was difficult to get takeaway deliveries to the village.

There were no representations from statutory consultees.

To grant

In reaching a decision Members took account of the relevant representations and balanced the competing interests of the applicant, supporting representation and the objections.  Members were mindful to deal with the matter on its merits and disregarded concerns raised relating to anticipated issues that could be regulated by conditions attached to the licence. 

Members noted there were no objections from the Highway Authority or Planning.  Given the size of the trailer and the proposed location, Members found there was no evidence that it would have a detrimental effect on public safety, amenity or cause an obstruction.  Risk of nuisance and other potential problems could be regulated by attaching to the Licence the Council’s standard conditions for a street trading stall as set out in the Council’s policy.  If there is evidence of breaches of the licence conditions, then ultimately the licence can be withdrawn.

So far as the nature of the food sold Members reminded themselves of their Policy and placed little weight on the objections referring to the lack of perceived need for an additional food outlet and any similarity between the food offered for sale by a nearby premises based provider in Batheaston nor could they take into account the issue of competition with nearby providers.

Accordingly, Members found it reasonable and in the public interest to grant the Street Trading Licence.  Therefore, the application is granted as applied for and authority is delegated to the Licensing Officer to issue consent subject to the standard conditions, which includes clauses to prevent potential problems arising from obstruction of the street, customers gathering at the trailer, playing of music, advertising boards, furniture and other obstructions, danger or nuisance, litter, waste and grey water and would require the applicant to have insurance.