Agenda item

The Public Protection Officer (Licensing) introduced the report to the Sub-Committee. He explained that the application was for a new Street Trading Pitch to be created outside Pink Art, York Street, Bath and that the pitch would be for use during the period of the official Bath Christmas Market.

He informed the Sub-Committee that the times applied to trade for are: 1000hrs to 2000hrs every day.

Councillor Toby Simon asked if any other departments within the Council had objected to the application.

The Public Protection Officer (Licensing) replied that they had not.

Svilena Nikolova, the applicant, addressed the Sub-Committee and said that they have worked throughout the past year with the Council and representatives of the Christmas Market to be able to have a pitch to use over the applied period. She explained that an agreement had been reached whereby there would not be another stall opposite theirs so that any congestion to the area would be minimised.

Tim Coffey, Director, Pink Art added that in 2022 they had traded for 18 days without any issue. He said that an issue did arise in 2023 where, due to the location of other stalls a pinch point was created.

The objector to the application, Councillor Paul Roper, was not present at the meeting.

Tim Coffey made a closing statement and said that they had operated from outside their premises previously and have worked with the Council and the Christmas market to alleviate the issues that occurred last year.

Svilena Nikolova added that they are a small independent business and that the income generated from the stall is much needed.

Decision & Reasons

Members have had to determine an application to create a Street Trading pitch at Pink Art, York Street, 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 is for a pitch outside of Pink Art on York Street as indicated on the plan to accompany the application. The hours of operation proposed are 10:00 to 20:00 daily and the duration of the Street Trading consent applied for is for the period of the official Bath Christmas Market. In the application it was indicated that the stall would offer a selection of homemade beverages, including mulled wine, mulled cider, and authentic Italian hot chocolate, paired with freshly made Belgian waffles.

The applicant’s focus is on high-quality ingredients and traditional recipes supporting the promotion of local food. These offerings cater to local needs by providing warm, comforting treats that enhance the festive atmosphere, appealing to both residents and visitors. The stall adds product diversity to the market by introducing a unique combination of traditional European holiday drinks and desserts, which complements rather than competes with existing retailers.

Tim Coffey and Svilena Nikolova attended the Licensing Sub Committee to make oral representations on behalf of the applicant. They indicated that they had operated as proposed without issue in 2022 but there had been a problem with their operation in 2023 as there was a chalet located directly opposite which had caused a pinch point. They had had to cease their operation which had resulted in a loss last year as they had already bought the products and employed the staff for the Christmas Market period. They had been working with Tilley from the Bath Christmas Market, Licensing and Highways to ensure their application was acceptable this year. They had had confirmation from Gary Peacock in Highways that the proposal was acceptable, and Tilley had ensured that there was not a chalet located opposite the proposed pitch. Ms Nikolova indicated that they operated a queueing system alongside the wall, rather than across the road, in order to prevent congestion.

In closing submissions, the representatives for the applicant indicated that they had been working hard all year to make sure that there are no problems with their proposed operation this year. They are a small independent business, and the pitch is extremely important to Pink Art.

Councillor Roper objected in writing to the application and expressed the view that a pitch in this location would disrupt the flow of pedestrians during Christmas Market and diminish ambiance of YorK Street.

In reaching a decision Members took account of the relevant representations and weighed them in the balance. Members were mindful to deal with the matter on its merits.

With regard to the creation of the pitch, Members had regard to their policy. Members noted the area identified in the application measured 2m x 3m and there were no objections from the Highway Authority in relation to its size or location, or at all. Members found the proposed pitch would be unlikely to have a detrimental effect on public safety or amenity, nor would it cause an obstruction or impede safe access and egress to and from it, or premises-based trading.  So far as the nature of the goods were concerned, Members were content that this was in accordance with the Policy.

Accordingly, Members found it reasonable to create the pitch which provided ample space for pedestrians to pass and repass and they were content with the proposed street trading offering.  Therefore, the application was granted as applied for and authority was delegated to the Licensing Officer to issue consent subject to the standard conditions.

Members noted that it was the applicant’s responsibility to ensure that they obtain all consents, permissions and licences required in order to operate as proposed.