Agenda item

Application for a Street Trading Consent - Thomas Campbell, Junction 3, M42

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 members of the public might choose to cross the dual carriageway on foot.

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

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