Agenda item

Part 2 Minutes - Item 7

Minutes:

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.