The Licensing Technician presented a report
for the available street trading pitch at Burrowfields, Welwyn Garden City, AL7 4SR which had
become available due to the surrender of the previous licence. The
Council’s Street Trading policy required any available street
pitch to be advertised on the Council’s website for a period
of six weeks. All applications submitted for the pitch would be
considered by Licensing Committee and the most appropriate
applicant would be granted a trading consent with conditions
attached once the appropriate fee had been received. The pitch had
been advertised on 10 September 2024 for six weeks on the
Council’s website and by the placement of notices on
Burrowfields Industrial Estate. One
valid application was made by Mr Dominic Lawrence and his
application and supporting documents were contained within the
agenda pack. Members of the Committee were provided with a set of
standard conditions applicable to street trading consents.
Members were advised that a parking
consultation had taken place between July and August 2024 in the
area including Burrowfields. Residents
had raised concerns about footway and verge way parking; all
comments and objections had been considered by the Parking Team and
would be discussed at Cabinet Planning and Parking Panel on 19
November 2024.
The following issues were raised:
- A member had visited the site and
wondered about the proposed size of the applicant’s trailer
given it would likely overhang a public footpath and there were
existing parking problems in the area. Mr Lawrence responded that
the pitch was triangular in shape and was set back from the path;
he did not feel this would be an issue as he had not yet ordered
the vehicle. The Licensing Technician advised that if the Committee
felt the pitch was not large enough it would need to consider that
as a specific separate matter. Mr Lawrence added that it benefited
him to have the vehicle as far back as possible.
- Mr Lawrence’s company had ten
members of staff; two would be working at the site if his
application was approved.
- Mr Lawrence expected his potential
customers to already be onsite (rather than arriving onsite
specifically for his business).
- Asked about rubbish disposal, Mr
Lawrence said he would have a trade bin off-site that would be
emptied on a weekly basis; he anticipated the company would use one
bin bag a day. There would be six-monthly pest control visits with
black boxes onsite.
- A member commented that if a large
vehicle was used it would reach the fence at one point thus cutting
off a footpath, and if the vehicle was to be moved forward then it
would be on a bigger footpath which would not enhance the area;
additionally, there was a manhole which must not be covered. The
Licensing Technician noted the Committee needed to determine
whether it was felt the application was appropriate; a previous
trader’s vehicle was at the metal fencing which opened up the
front footpath and more recently a trader had fitted in their
vehicle so the manhole and footpaths were not covered.
- A member noted the Council did not
have responsibility for footpaths and asked whether contact had
been made with Highways at Hertfordshire County Council. The
Licensing Technician advised that there had been no requirement for
consultation with Authorities such as Highways or Environmental
Health when this application for the available pitch was submitted;
there may have been consultation with such Authorities when the
pitch had been brought in approximately 30 years ago. If the
Council felt the pitch would cause an issue that would need to be
considered separately by the Committee.
- Members asked where customers would
put their waste and Mr Lawrence said a bin outside would be
provided.
- A member asked for clarity about the
proposed opening times. Mr Lawrence said the pitch would be open
between 06.00 and 16.00 Mondays to Saturdays and staff would
prepare food for the first hour.
- A member noted conditions stated
fuel could not be stored within the vicinity of a generator. Mr
Lawrence said his appliances used gas.
- Responding to queries about whether
his trailer would be parked in the same place as the previous
trader, Mr Lawrence said he had not measured the area yet and would
do so the following day. The Licensing Technician advised the
previous trader may have moved towards the wooden bollards to avoid
obstructing both footpaths; the front section of the pavement was
much larger than the one at the back. Mr Lawrence added that the
trailer would be the same width as the previous one and he would
park on grass if that was permissible, as the previous trader had
done.
- A member commented that the pitch
would effectively only serve the units on the industrial estate.
People had always parked on the footpaths at the site, the
applicant was complying with what he had been asked to, and the
application was for only 12 months street trading consent. The
member saw no reason why the licence should not be approved.
- A member observed that customers
would inevitably cause litter and Mr Lawrence responded that his
staff would litter pick each morning.
- A member asked if it was known why
the previous trader had stopped trading. The Licensing Technician
explained the trader had unexpectedly passed away and the family
had surrendered the licence.
- A member wondered if it would be
possible for the pitch to have seating. The Licensing Technician
advised tables and chairs were not permitted as part of this
licence; this would require a different licence under the Highway
Act.
- A councillor noted the importance of
supporting local businesses. The pitch was an unusual shape and
size; it was not meant to accommodate a trailer but had done for
some time, and issues with parking had always been resolved in the
past. The councillor was in support of the application.
- The Chair noted that during a site
visit, some local workers had said there had been significant
issues with waste and there had been rats onsite. This could be a
potential problem and the applicant had answered questions about
waste honestly. One of the standard conditions applicable to street
trading consents read in part as follows: ‘The Environmental
Protection Act 1990 places a duty of care on individuals and
businesses to dispose of waste originating from their trade in a
certain manner. The Consent Holder shall ensure that refuse
originating from their trade is disposed of by a licensed waste
carrier and shall leave the site clear of refuse at the completion
of each day’s trading.’ The Chair asked whether the
applicant would take away waste at the end of the day. Mr Lawrence
responded that at his other sites, food waste occurred from people
sitting down to eat which would not happen at this location if the
application was successful as there was nowhere to sit. He did not
want rodents near his premises. The Chair noted the applicant had a
5 star food hygiene rating and Mr Lawrence replied that he had had
that rating for 18 years.
- A member was supportive of the
application and noted he had never seen any food waste at the
applicant’s B&Q site so he believed Mr Lawrence ran his
business effectively.
- Members noted one of the standard
conditions applicable to street trading consents (Condition 7) read
‘Unless specified otherwise in the Consent, the van, vehicle,
barrow, cart or stall, including any permitted temporary furniture
and advertising shall be removed from the Consent site at the end
of each day’s trading without causing any damage.’ The
Licensing Technician advised this could be disapplied or varied by
the Committee and the member felt it should be.
RESOLVED
(unanimous)
(a)
The Licensing Committee considered the Street Trading application
submitted and determined that a 12 month street trading consent
should be granted to the applicant for the Burrowfields pitch.
(b)
The Licensing Committee voted to remove Condition 7 from the
standard conditions applicable to street trading consents for this
application.