Decision details

Application considered:

The Licensing Sub-Committee (“the Committee”) considered an application for a new Street Trading Consent (“the Consent”) from Mr. Lee McDermott (t/a Mak Attak Mobile Catering) (“the Applicant”) to street trade from a location on Westry Avenue (“the Application”).

The Application seeks permission to street trade in the following goods:

• Hot and cold drinks
• Assorted sandwiches
• Burgers and hot dogs

The Application was consulted upon and no objections were received.

The Application has been referred to the Committee for determination.

The Licensing Sub-Committee heard from the Applicant who explained their business model and how they would trade subject to being granted permission.

Law and guidance considered:

In reaching its determination, the Licensing Sub-Committee considered:

1.    The provisions of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (Control of Street Trading);

2.    Fenland District Council’s Policy in respect of Street Trading;

3.    The Licensing Officer’s Report in respect of the application to be determined; and

4.    Any legal advice provided (as set out below) to it in respect of these types of application.

Legal advice provided:

The Licensing Sub-Committee were reminded of their options in respect of these types of application, namely that the Sub-Committee could:

1.    Grant the Street Trading Consent; or

2.    Grant the Street Trading Consent modified to the extent that the Sub-Committee feel necessary to grant it; or

3.    Refuse the Street Trading Consent.

The Licensing Sub-Committee were reminded of the Policy that applies to applications of this type and that the overriding legislation in respect of Street Trading Consents may be found in Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982.

Decision:

To GRANT the Application for a Street Trading Consent.

Reasons for reaching the decision:

The Committee heard from the Applicant regarding the Application and his background and experience.

The Committee asked the Applicant about the precise location of the unit and this was explained.

The Committee, having heard all the evidence presented to it, and having considered the relevant legislation and the Council’s policy in respect of Street Trading Consents determined that it was appropriate and proportionate to grant the Application subject to the Council’s standard conditions for such permissions.

PLEASE NOTE

The Council’s Street Trading Policy sets out an Applicant’s right of appeal in respect of a decision of the Committee that they are unhappy with (see para. 22). In essence, the procedure is an appeal back to a differently constituted Committee with an opportunity to provide additional evidence. The Committee will also hear from the Chair of the Committee that was involved with the original Application.

Any party aggrieved by the decision of the Committee is invited to speak with the Licensing Manager in the first instance.