Agenda item

4.1

The Chief Licensing Officer submitted a report to consider an application, under the Local Government (Miscellaneous Provisions) Act 1982, for the grant of a Street Trading - Mobile Street Trading Consent within the City Centre (Ref No. 49/15).

4.2

Present at the hearing were Michael Desmond (applicant), Georgina Hollis and Martyn Wragg (Licensing Enforcement and Technical Officers), Paul Barber (Solicitor to the Sub-Committee) and Jennie Skiba (Democratic Services).

4.3

Paul Barber outlined the procedure which would be followed during the hearing.

4.4

Georgina Hollis presented the report to the Sub-Committee and it was noted that no objections had been received from any of the other Responsible Authorities, but comments had been made by the Highways Department and were attached at Appendix “B” to the report.   An invitation to attend the hearing was attached at Appendix “C”.

4.5

Michael Desmond informed the Sub-Committee of his intention, if the application was granted, to purchase a tricycle similar to ones used in Amsterdam to trade as a mobile flower seller.  He stated that the proposed tricycle was aesthetically designed and he intended to get it professionally painted and commented that the business would be an attribute to the City Centre, in that flowers make people feel good and that he is adhering to the Council’s policy of a cleaner, greener city by not filling the City Centre with car fumes.  He stated that he had done some market research into where and when would be best to make the business viable and was willing to adhere to any conditions imposed upon the licence.

4.6

In response to questions from Members of the Sub-Committee, Michael Desmond stated that he would never put himself or members of the public at risk by stopping anywhere other than the designated areas.  He added that he had met with City Centre Management who advised him that, if he was on the highway in a busy area, he should get off the bike and push it and not encourage anyone passing-by to approach him.  He stated that, at present, the design of the bike would make it easy for flowers to be stolen from him, but at the suggestion of a Member, he would obtain a cover to protect them whilst travelling.  He further stated that, at present, until he knows whether this venture would be successful or not, it is his intention to trade on Mondays to Fridays only, but that in the future he may wish to apply for consent to trade at weekends.

4.7

Members raised concerns about the use of an umbrella during inclement weather and felt that this could be hazardous.  Mr. Desmond stated that he had not thought about that and welcomed the issue raised by Members.

4.8

Georgina Hollis reported on the options open to the Sub-Committee.

4.9

RESOLVED: That the public and press and attendees involved in the application be excluded from the meeting before further discussion takes place on the grounds that, in view of the nature of the business to be transacted, if those persons were present, there would be a disclosure to them of exempt information as described in paragraph 5 of Schedule 12A to the Local Government Act 1972, as amended.

4.10

Paul Barber reported orally, giving legal advice on various aspects of the application.

4.11

At this stage in the proceedings, the meeting was re-opened to the public and press and attendees.

4.12

RESOLVED: That, following consideration of the information contained in the report now submitted, and the representations now made, the application for a mobile street trading consent within the City Centre (Ref No. 49/15), be granted, subject to conditions and a fee all to be determined by the Chief Licensing Officer and he be instructed to draw up a licence which specifies there be no obstruction to the public highway.