Agenda item

To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ determination of an application received for Street Trading Consent in respect of Applicant No. 1.

RESOLVED that –

(a)       the application for Street Trading Consent for private land located to the front of the Church, Sussex Street, Rhyl as detailed within the report be granted, subject to the conditions as set out within the report, specifically paragraphs 4.3 and 7.3;

 (b)      an inspection by authorised officers be carried out on the first day of trading to ensure that conditions imposed are complied with,  and

(c)        the Applicant be requested to provide further detail on the proposed trading areas in High Street, Market Street, Town Hall Square and Sussex Street as referred to in his application to include specific sites for further consideration by the committee.

A confidential report by the Head of Planning and Public Protection (previously circulated) was submitted upon –

(i)        an application received for Street Trading Consent from Applicant No. 1;

(ii)       the applicant proposing to operate a mobile van with trailer selling meat products and cheese in a number of specified areas within Rhyl;

(iii)      detailed the results of consultation on the application with various partners and sectors, both internal and external;

(iv)      referred to the Council’s powers in determining the consent and other policy issues regarding street trading in the context of the new Street Trading Policy currently undergoing consultation, and

(v)       the Applicant having been requested to attend the meeting in support of his application and to answer members’ questions thereon.

The Licensing Officer (JT) provided a summary of the report and proposed trading areas in Rhyl specified by the Applicant which included private land located to the front of the Church, Sussex Street, Rhyl (written permission having been produced at the meeting); High Street (part); Market Street (part); Town Hall Square and Sussex Street (part).  Members were advised that no further comments had been received in response to the consultation but attention was drawn to the response from the Highways Section as detailed in the report relating to traffic management.

The Applicant was in attendance at the meeting together with his associate and confirmed that he had received the committee documentation.  The Applicant highlighted his previous trading experience in the locality advising that there was a demand for his products, particularly given that there was no butcher’s shop in the vicinity, and he believed that the business would attract more footfall to the area.

Whilst there was no objection to the application in principle members highlighted the importance of safeguarding against any detrimental effect on existing local retail outlets and business in the area and ensuring that appropriate conditions be imposed if consent was granted, particularly in terms of noise nuisance.  In considering the proposed trading areas members felt that most were too vague and needed to be more specific and there were particular reservations about granting consent for the Town Hall Square given the Council’s plans to relocate the Registrar and Marriage Rooms there.  In response to members’ questions and comments the Applicant provided assurances that noise levels could be addressed via low level generators or other means and he also elaborated upon the operation of his business and positive effect in terms of attracting custom to the area.

At this junction the committee adjourned to consider the application.

RESOLVED that –

(a)       the application for Street Trading Consent for private land located to the front of the Church, Sussex Street, Rhyl as detailed within the report be granted, subject to the conditions as set out within the report, specifically paragraphs 4.3 and 7.3;

(b)       an inspection by authorised officers be carried out on the first day of trading to ensure that conditions imposed are complied with,  and

(c)        the Applicant be requested to provide further detail on the proposed trading areas in High Street, Market Street, Town Hall Square and Sussex Street as referred to in his application to include specific sites for further consideration by the committee.

The reasons for the Licensing Committee’s decision were as follows –

In considering the merits of the application members noted that there were no butchers’ shops in the area and an unmet demand for the product and it was also noted that the Applicant would not be in direct competition with other traders and could help increase footfall in the area.  Given the potential positive impact on the consumer and other businesses members felt that, subject to appropriate conditions, the application did have merit.  Given the specific location of the proposed trading area on private land outside the Church on Sussex Street members were happy to grant consent subject to conditions.  However, some concern was expressed regarding the lack of clarity in terms of the other general trading areas proposed and it was felt that more specific information should be sought from the Applicant in that regard to enable the committee to make a fully informed decision and safeguard both the public’s interest and those of local retail outlets.

The committee’s decision and reasons therefore were conveyed to the Applicant.

Following the conclusion of this item the committee deliberated on the decision making process used whereby the decision had been taken with the consensus of the committee.  Members considered voting by a show of hands would be preferable in future but confirmed that the decision taken had reflected the committee’s intention.