Agenda for Licensing (Miscellaneous) Sub-Committee A on Thursday 24th March 2011, 10.00 a.m.

Agenda and minutes

Licensing (Miscellaneous) Sub-Committee A - Thursday 24th March 2011 10.00 a.m.

Venue: The Council House, Burcot Lane, Bromsgrove. View directions

Contact: Pauline Ross 

Items
No. Item

24.

Apologies

Minutes:

An apology for absence was received from Councillor B. Lewis F.CMI.

25.

Declarations of Interest

Minutes:

No declarations of interest were received.

26.

Procedure

Minutes:

The Chairman opened the Hearing and introduced the Members of the Sub-Committee and officers present to the Applicant and the Applicant’s representative.

 

The Chairman welcomed the Applicant and the Applicant’s Representative and invited them to introduce themselves.

 

The Chairman reminded all parties present of the procedure to be followed during the Hearing and that those parties present could be represented by a legal representative at their own expense.

27.

Application for a Street Trading Consent - Thomas Campbell, Junction 3, M42 pdf icon PDF 92 KB

Additional documents:

Minutes:

The Sub-Committee was asked to consider an application for a Street Trading Consent in respect of Mr. Thomas Campbell to provide hot and cold food and drinks from a mobile unit sited at Junction 3, M42 on the Studley / Mappleborough Green / Redditch bound carriageway.

 

The Licensing Manager outlined the details of the application, together with the reasons why the application had been brought before the Sub-Committee, detailing the Council’s Street Trading Consent Policy.  The application was subject to a Hearing in the light of representations received from Beoley Parish Council and West Mercia Police on the grounds of road safety.

 

The Chairman informed the Applicant that she had carried out a site visit prior to the Hearing taking place.  Mr. Campbell agreed that the lay-by in question had adequate room for approximately 6 cars to park and not 11 as stated in his letter to the Council’s Licensing Officer.

 

At the invitation of the Chairman, the applicant put forward his case. He explained that as an ex-fireman he had taken health and safety into account when assessing the potential street trading site.  He informed the Sub-Committee that over a period of 3 weeks he had visited the site on separate occasions, during the times he intended to trade, to observe and assess the traffic.  Both the applicant and the applicant’s representative answered a number of questions from Members of the Sub-Committee.

 

At the invitation of the Chairman, Mr. I. Connelly, Traffic Management Assistant, West Mercia Police who had given notice of his intention to attend the Hearing, made representation on the grounds of road safety concerns.

 

The Sub-Committee then adjourned to consider it decision.  Upon its return and having had regard to:

 

§         The Council’s criteria for Street Trading Consents as set out in the Street Trading Consent Policy

§         The report of the Licensing Manager

§         The application and representations made by and on behalf of Mr. Thomas Campbell

§         The relevant representations made by Beoley Parish Council and West Mercia Police

 

RESOLVED that the application for a Street Trading Consent be refused.

 

The reasons for the Sub-Committees decision were as follows:

 

§         Road safety concerns including the short length of the lay-by, the speed of vehicles using the A435, difficulties for vehicles pulling out from the lay-by and overcrowding resulting from the lay-by being full.  Based on these factors the Sub-Committee had taken into account the views of West Mercia Police, Traffic Management Assistant that the location of the trading unit in the lay-by would result in increased vehicle movements and increased potential for collisions.

§         In addition the Sub-Committee noted that the proposal to place signage on the approach to the lay-by would not be lawful unless consent had been given by Worcestershire County Council, Highways Authority.  The Sub-Committee was not satisfied that the use of signs would mitigate the traffic safety concerns.

§         There were concerns over the use by customers of facilities at the Rose and Crown Public House and the fact that  ...  view the full minutes text for item 27.

28.

Application for a Street Trading Consent - David Alcock, Alderhanger Lane, A435 pdf icon PDF 102 KB

Additional documents:

Minutes:

The Sub-Committee was asked to consider an application for a Street Trading Consent in respect of Mr. David Alcock to provide hot and cold fast food from a mobile unit sited at Alderhanger Lane, A435.

 

The Licensing Manager outlined the details of the application, together with the reasons why the application had been brought before the Sub-Committee, detailing the Council’s Street Trading Consent Policy.  The application was subject to a Hearing in the light of representations received from West Mercia Police and the Council’s Community Safety Team on the grounds of community safety.

 

The Chairman informed the Applicant that she had carried out a site visit prior to the Hearing taking place. 

 

At the invitation of the Chairman, the Applicant’s representative put forward the case for the Applicant.  She explained that the applicant had traded at the site until 2nd February 2011 when he was informed by the Council’s Licensing Officer that he required a Street Trading Consent to trade at the site.  With regard to the representations received from West Mercia Police and the Council’s Community Safety Team, the applicant’s representative highlighted that the activities detailed within the representations had taken place prior to the applicant trading.  She felt that the applicant was being pre-judged based on the activities that had taken place prior to him trading.

 

At the invitation of the Chairman, Mr. C. Santoriello-Smith, Bromsgrove District Councils, Senior Community Safety Project Officer, who had given notice of his intention to attend the Hearing, made representation on the grounds of community safety. 

 

Mr. C. Santoriello-Smith informed those present that Inspector J. Smith, Bromsgrove District Inspector, West Mercia Police had been unable to attend the Hearing and had requested that he presented the representations as a multi agency approach from both the Community Safety Team and West Mercia Police.

 

Mr. C. Santoriello-Smith answered a number of questions from Members of the Sub-Committee and the applicant’s representative with regard to the use of the site as a Public Sex Environment and the temporary closure of the lay-by.

 

The Sub-Committee then adjourned to consider it decision.  Upon its return and having had regard to:

 

§         The Council’s criteria for Street Trading Consents as set out in the Street Trading Consent Policy

§         The report of the Licensing Manager

§         The application and representations made by and on behalf of Mr. David Alcock

§         The relevant multi agency representations made by Bromsgrove District Council’s Community Safety Team and on behalf of West Mercia Police.

 

RESOLVED that the application for a Street Trading Consent for the sale of hot and cold food and drinks from a mobile united sited at Alderhanger Lane, A435 be granted as follows:

 

Actual Trading Hours

 

§         07:00am to 15:00pm Monday to Saturday

§         No trading on Sunday

 

The reasons for the Sub-Committee’s decision were as follows:

 

§         There had been no objections to the application from any consultees / interested parties other than West Mercia Police and the Council’s Community Safety Team.

 

§         The Sub-Committee had  ...  view the full minutes text for item 28.