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Declarations of Interest
Members are asked to declare any disclosable pecuniary or affected interests in respect of any matter to be considered at this meeting.
Any Member with a Disclosable Pecuniary Interest in a matter should withdraw from the meeting when the matter is under consideration and should notify the Democratic Services Officer in attendance that they are withdrawing as they have such an interest. If the Disclosable Pecuniary Interest is not entered on the register of Members interests the Monitoring Officer must be notified of the interest within 28 days.
Any Member with an affected Interest in a matter must disclose the interest to the meeting. There is no requirement to withdraw from the meeting when the interest is only an affected interest, but the Monitoring Officer should be notified of the interest, if not previously notified of it, within 28 days of the meeting.
There were no declarations of interest.
The procedure for hearings at Licensing Panels was noted by all parties
The application was to vary the existing Street Trading Consent at the specified location, namely, to extend the total permissible number of hours of trading at the site, by seeking consent for an earlier commencement to trading each day. The application sought consent to trade between the hours of 07:00 to 01:00 Monday to Wednesday, 07:00 to 02:00 Thursday, 07:00 to 02:30 Friday and Saturday and 07:00 to 01:00 on Sunday. Under the existing Street Trading Consent, the Applicant, trading as King’s Kebabs, had consent to trade from the location from 18:00 each day up to the aforementioned terminal hours of trading. The application before the Panel did not seek any variation to the existing consented terminal hours of trading each day.
The Panel carefully considered all the information presented, both written and oral, from:
together with reference to the Council’s own Policy for Determination of Street Trading Consents and paragraph 7 of Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982.
At the conclusion of the proceedings all participants present confirmed that they had been given the opportunity to say all they wished to say.
The Panel noted that there had been no representations made by the Police, or any of the other Responsible Authorities.
The Panel Hearing included an adjournment during which the Environmental Health Officer and the Applicant discussed and reached an agreement through mediation that the following trading hours would be acceptable to both:
Monday to Wednesday 07:30 to 01:00
Thursday 07:30 to 02:00
Friday 07:30 to 02:30
Saturday 08:00 to 02:30
Sunday 09:00 to 01:00
After careful consideration of all written and oral representations before it, the Panel determined to grant a variation to the Applicant’s Street Trading Consent, by permitting those (as above) varied trading hours as mediated between the Environmental Health Officer and the Applicant on the day of the Hearing, rather than the sought extended trading hours as had originally been applied for. The Panel determined that Bracknell Forest Council’s Street Trading Consent - Standard Conditions (Annex K of the Agenda documents) continue to attach and apply in full to the varied Street Trading Consent.
The Panel heard orally from the Applicant’s appointee, and from the Environmental Health officer, Traffic Management officer, and Councillor Chris Turrell. The Panel also took into consideration written representations from one local resident, and from another ward Councillor who were not present at the meeting.
The Environmental Health officer outlined her concerns that the trading start hours as applied for were too early and would provide little respite for residents from the noise associated with the business trading on site. As the Street Trading Consent conditions permitted traders to arrive on site 15 minutes before the start of trading hours, there were concerns that this would mean noise from the site would start too soon after ... view the full minutes text for item 22.