Agenda item

Application for a Street Trading Consent, Mr. Atila Kayaoglu, A38 Redditch Road, Stoke Heath, Bromsgrove

Minutes:

The Sub-Committee was asked to consider an application for Street Trading Consent in respect of Mr. Atila Kayaoglu to provide kebabs and hot and cold drinks from a mobile unit sited at a lay by A38, Redditch Road, Stoke Heath, Bromsgrove.

The Chairman informed the Applicant that Members had conducted a site visit prior to the Hearing taking place.

The Senior Licensing Practitioner outlined the details of the application together with the reasons why the application had been brought before the Sub-Committee. The application was subject to a Hearing in the light of representations received from the Ward Councillor, Stoke Heath, Stoke Parish Council and letters of objection from residents whose properties were near to the proposed trading site.

The Senior Licensing Practitioner responded to Members’ questions with regard to the port-a-loo currently situated at the site and informed Members that the port-a-loo had been put there by the Street Trader who traded at the site during the day. He also confirmed that no representations had been received from the Highways Authority, Worcestershire County Council or the Police.

The Senior Licensing Practitioner further responded to questions from Mr. A. Lavelle representing Stoke Parish Council, with regard to the consultation process for Street Trading Applications and how the consultation area was determined.

At the invitation of the Chairman, Mr. Niamik Eroglu put forward the case for the applicant. Mr. Eroglu informed the Sub-Committee that he was a Turkish interpreter acting on behalf of the applicant. He informed the Sub-Committee that it was beneficial to the applicant that residents agreed with him trading at the site and that he had been concerned by the objections raised by residents. The applicant had operated for 17 years, 12 years in England in the food trade and he also ran a similar business in Gloucester. In response to the objections raised the applicant wanted to inform all those present that as a trader he was aware of any potential issues in respect of public nuisance. The mobile unit would have CCTV fitted and he would cease trading at 11.00 p.m., as he was not looking to attract the ‘pub’ trade. He had looked at the needs of the area and was not aware of a late night trader providing kebabs. With regard to the concerns raised about potential noise from the generator, the applicant wanted to assure residents that the generator was a quiet generator. The Senior Licensing Practitioner confirmed that generators were sold as ‘silent’ generators and were quieter than the chilled units on vehicles. Mr. Eroglu also addressed the concerns raised in respect of rodents and waste left at the site. The applicant would ensure that the site was left clean. The Legal Advisor informed the Sub-Committee that should a Street Trading Consent be granted the applicant would have to operate a trade waste agreement with Bromsgrove District Council. Mr. Eroglu also reiterated that no objections had been received from the police in respect of potential traffic issues or anti-social behaviour.

At the invitation of the Chairman, Councillor D. Booth JP, Ward Councillor, Stoke Heath, Mrs. S. Hawkes, resident and Mr. A. Lavelle representing Stoke Parish Council, who had given notice of their intention to attend the Hearing, made representations on the grounds of:

· Noise

· Air pollution from heavy vehicles and commercial vans leaving their engines running

· Cooking smells

· Potential anti-social behaviour

· Road safety issues for other road users

· Litter

· Needs of the area

· Why the applicant needed to trade every day

· Concerned that the lay by would be occupied by Street Traders between 06.00 a.m. and 23.15 p.m.

At the request of the Chairman, the applicant was requested to clarify the products he intended to sell. His application stated kebabs and hot and cold drinks, but the photograph of the mobile unit provided with his application, showed kebabs, chicken, burgers, chips, hot and cold drinks. Mr. Eroglu confirmed that the applicant intended to sell kebabs, chicken, burgers, hot and cold drinks, but not chips or breakfast rolls.

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

· The report presented by the Senior Licensing Practitioner

· The Council’s Street Trading - Policy Statement

· The application and representations made on behalf of Mr. Atila Kayaoglu

· The relevant representations received from the objectors

RESOLVED that the application for a Street Trading Consent for the sale of hot food and hot and cold drinks from a mobile unit sited at A38, Redditch Road, Stoke Heath, Bromsgrove be refused.

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

· The Sub-Committee noted that the lay by was already occupied during the daytime by a previously granted Street Trading Consent and it did not consider it appropriate to allow this application which would unreasonably extend the trading hours at the lay by every day of the week.

· The Sub-Committee had considered the proximity of the houses which were directly next to the lay by and considered the noise and smells that would emanate from the van would likely amount to a nuisance.

· Additionally, the increase in traffic at the location would add to the noise levels as it was likely that the majority of the trade would come from passing motorists.

· The Sub-Committee has had regard to the needs of the area and had considered the location of establishments offering similar food and found that the needs of the area were already met by the existing establishments.

This decision was final. There was no right of appeal against the Council’s decision to refuse a Street Trading Consent Application.

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