Purpose

Application considered:

The Licensing Sub-Committee (“the Committee”) considered an application for a street trading consent (“the Application”) from Mr Frank Cannata (“the Applicant”) t/a Frank’s Ices.

The Applicant was referred to the Committee for determination.

Law and guidance considered:

In reaching its determination, the Committee considered:

1.    The provisions of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (Control of Street Trading);

2.    Fenland District Council’s Policy in respect of Street Trading;

3.    The Licensing Officer’s Report in respect of the application to be determined; and

4.    Any legal advice provided (as set out below) to it in respect of these types of application.

Legal advice provided:

The Committee were reminded of their options in respect of these types of application, namely that the Sub-Committee could:

1.    Grant the Street Trading Consent, or

2.    Grant the Street Trading Consent modified to the extent that the Committee feel necessary to grant; or

3.    Refuse the Street Trading Consent.

The Committee were reminded of the Policy that applies to applications of this type and that the overriding legislation in respect of Street Trading Consents may be found in Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982.

Matters found to be irrelevant:

The allegation of unlawful trading as this was not supported by evidence.

Decision

Decision:

To GRANT the Application subject to the Licensing Authority’s standard conditions for street trading consents as well as the following additional conditions:

The Consent Holder must leave at least two (2) metres between their trading location and the entrance to the park to allow for access and egress of persons.

The Consent Holder must park their vehicle so that persons queuing do not do so close to moving vehicles.

The Consent Holder is to be parked only in locations shown on their plan.

Reasons for reaching the decision:

The Committee listened to the evidence presented at the Licensing Sub Committee hearing and considered this alongside the information supplied in the agenda papers.

The Applicant explained that he did not accept that he had traded otherwise than in accordance with his permission and that there was no evidence to suggest this. The Committee accepted that there was no evidence to support the proposition that the Applicant had traded unlawfully.

The Committee considered that, on balance, they could grant the Application subject to the Licensing Authority’s standard conditions for street trading consents as well as the additional conditions on the extant consent, modified for enforceability.

PLEASE NOTE:

The Council’s Street Trading Policy sets out an Applicant’s right of appeal in respect of a decision of the Committee that they are unhappy with (see para. 22). In essence, the procedure is an appeal back to a differently constituted Committee with an opportunity to provide additional evidence. The Committee will also hear from the Chair of the Committee that was involved with the original Application.

Any party aggrieved by the decision of the Committee is invited to speak with the Licensing Manager in the first instance.