Agenda item

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. He explained that an application has been received from Nathan Lewis Farquharson of LJ Hugs, Street Trading Consent Holder for Pitch 02, Terrace Walk, Bath to vary the existing Street Trading Consent.

He stated that the details of the proposed variation are:

To add Mondays as a trading day 11:00 – 18:00 and that the current Street Trading Consent permits trading Tuesday to Saturday 11:00 – 18:00.

He informed the Sub-Committee that three objections to the application had been received.

Tom Barton addressed the Sub-Committee and explained that they had traded between Monday – Saturday for three years previously at another pitch within the city. He said that the business has gained a large following and that they have been able to establish a contract with Uber Eats.

Lewis Farquharson explained that it was due to a clerical error that they were currently unable to trade on a Monday. He added that they collect any rubbish from around their pitch daily and have refuse collections that take place twice a week. He said that they were proud of their work and to uphold the heritage of the city.

Delshad Mageed, one of the objectors, asked how long they use the area near their pitch for unloading their equipment.

Lewis Farquharson replied that they unload all their equipment within 15 minutes from 8.00am each day that they trade.

Delshad Mageed addressed the Sub-Committee and said that he believed that customers from LJ Hugs purchase food from the stall and then proceed to sit within his restaurant to eat their food. He added that their customers will park their vehicles and block the loading bay and the entrance to his premises. He declined to make a closing statement.

Lewis Farquharson made a closing statement on behalf of the applicant. He said that they were a community-based company that look to give back as much as possible. He stated that they love working within the city and have worked tirelessly to achieve what they have.

Decision & Reasons

Members have had to determine an application to extend the days of operation of an existing Street Trading pitch at LJ Hugs, Terrace Walk, Bath. In determining the application, the Local Government (Miscellaneous Provisions) Act 1982, the council’s Street Trading Policy and Human Rights Act 1998 were taken into account.

The application relates to an existing pitch which already has a street trading consent. The applicant wishes to extend the days of operation to include Monday, and the hours of operation would be 1100 to 1800.

Lewis Farquharson and Tom Barton attended the Licensing Sub Committee to make oral representations on behalf of the applicant. They told members that they strive to be excellent. They have a waste contract to ensure regular waste disposal, they pay the Bath BID to clean their area, members of staff pick up any of their litter that they observe. They work with the university and run a disability and learning scheme where they employ someone with learning difficulties.

They had unwittingly been operating on a Monday without consent as they did not realise that Monday operation was not part of their consent due to a clerical error. When that came to light, they had stopped doing so but this had had an impact on their business which meant they had to reduce staff hours and terminate the employment of two members of staff. They had been able to reemploy one member of staff as they had opened a new premises in Trowbridge. In summary, Mr Farquharson said that LJ Hugs is a community-based company and one of their goals is to create jobs not just locally but regionally. They reinvest to do better and bring wealth to the area.

The three objectors stated in written representations that if the application was granted it would result in an increase in food litter, an increase in traffic congestion, a risk to pedestrians from increased traffic, parking violations on double yellow lines, obstructing loading bays, increased noise and unauthorised use of seating,  as well as the smell of fried food affecting a clothing business and being unpleasant to businesses and residents.

Members heard from Delshad Mageed in oral representations who was one of the objectors to the application and who indicated that customers from LJ Hugs have used the seating in his premises. He said that they also park up in the loading bay outside of his premises and sit and eat the food they have purchased from LJ Hugs. He also indicated that LJ Hugs employees park on the double yellow lines near to their pitch.

In reaching a decision Members took account of the relevant representations and balanced the conflicting interests of the applicant and the objectors.

Members were mindful to deal with the matter on its merits and disregarded concerns raised relating to commercial competition and parking infringements, which are beyond the scope of the committee.

Members reminded themselves that the principle of a pitch in this location was already established, selling the goods that it sells. They found that the additional day of operation would be unlikely to have a detrimental effect on public safety or amenity, nor would it cause an obstruction.

Accordingly, Members found it reasonable to grant the consent for the additional day.  Therefore, the application was granted as applied for and authority was delegated to the Licensing Officer to issue consent.