Agenda item

Application for a Street Trading Consent - David Alcock, Alderhanger Lane, A435

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 considered the representations made on behalf of West Mercia Police and the Council’s Community Safety Team in relation to the use of the site as a Public Sex Environment. The Sub-Committee had also noted that the temporary lay-by closure had now been lifted. Although there could be moves by the police to close it on a permanent basis that matter had not yet been dealt with. The Street Trading Consent could be revoked at a future date if the lay-by was closed. In the meantime the Sub-Committee had not been satisfied that there was evidence that the presence of Mr. David Alcock was contributing to the pre-existing problems at the site. Mr. David Alcock’s advertisements had been removed and the evidence before the Sub-Committee was that any sexual activities took place in the evenings / after dark. On balance the Sub-Committee had not heard evidence to lead it to refuse the application.

The Sub-Committee had decided to attach the following additional conditions:

§ That Mr. David Alcock locked the mobile toilet when leaving the site each day.

The Chairman reported that the Applicant and those parties who had made representations would be notified of the decision in writing within 5 working days.

Supporting documents: