The Street Trading and Pavement Licensing Sub Committee are scheduled to meet to discuss an application for a new street trading consent. The meeting will also cover standard agenda items, including the election of a chair.

Here's what's on the agenda:

Street Trading Consent Application - Mr Michael Parratt, Freebird Brewing@Tipsy Trailer Adventures Ltd

The sub-committee will consider an application from Mr Michael Parratt, trading as Freebird Brewing@Tipsy Trailer Adventures Ltd, for a street trading consent. Mr Parratt wants to sell wine from a horse box trailer at Queen Mary Road, Falmouth, on Thursdays, Fridays and Saturdays, between 15:00 and 20:00 (21:00 in June, July and August). The application is for December 2025, and then annually from 2026. The applicant intends to sell white, rose, red, sparkling and mulled wine in December.

According to the Public Reports Pack, street trading is regulated in Cornwall under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982. Cornwall Council adopted the legislation on 16 February 2010, resolving that street trading in Cornwall would be regulated by way of 'consent' or 'prohibited' streets. On 1 July 2016, the council designated the whole of Cornwall as a street trading 'consent' area. This means that street trading requires the council's consent, with some exemptions that do not apply to this application.

The Public Reports Pack states that the council regulates street trading to manage environmental and safety implications, such as obstructions, overcrowding, public safety issues, and nuisances like smells, noise and litter.

The Public Reports Pack includes consultation responses from:

• Falmouth Town Council, who recommended refusal due to public nuisance in terms of obstruction of the pavement and selling alcohol for consumption along the seafront which would set an undesirable precedent.
• Environmental Protection, who raised no objections.
• Licensing Compliance, who raised no objections.

Objections were also received from the Falmouth Bay Residents Association, Vicki Ferguson, and Tanji Cork. Concerns included the suitability of a residential road for selling alcohol, potential disturbances to residents, and the proximity of Queen Mary Gardens, where alcohol is not permitted.

The Public Reports Pack notes that a Cornwall Council Public Space Protection Order (PSPO)¹ is in place at Cliff Road and Queen Mary Gardens, Falmouth, but not Queen Mary Road. The council's Anti-Social Behaviour Team confirmed that the PSPO is about addressing crime, disorder and rowdy behaviour associated with alcohol consumption in public places.

The Public Reports Pack states that Mr Parratt is aware that he cannot legally sell alcohol without a Temporary Event Notice (TEN)² or Premises licence under the Licensing Act 2003.

The Public Reports Pack also mentions the European Union Services Directive (EUSD ) and its primary aim to make it easier for service businesses to set up or sell their services anywhere in the European Union. It notes that any prohibition on street trading authorisation must be justified by an overriding reason relating to the public interest (ORRPI).

The sub-committee has several options: approve the application, defer it, refuse it, or approve it with amendments.

Other agenda items

• The meeting will begin with the election of the Chairman for the meeting.
• The agenda also includes items relating to emergency evacuation procedures and apologies for absence.
• Councillors Debra Clegg, Brian Clemens, and John Martin will be asked to declare any interests.