Venue: Council Chamber - Time Square, Market Street, Bracknell, RG12 1JD. View directions
Contact: Lizzie Rich 01344 352253
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 and understood by all parties.
The Panel carefully considered all the information presented, both written and oral, from:
· the Licensing Officer who outlined the issues;
· the Consent Holder;
· the Interested Parties, including those who submitted written representations but did not attend.
The panel also listened to sound recordings taken from the one of the interested party’s garden.
The Panel considered the reference to the Council’s own Street Trading Consent Policy and 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, Fire Authority or Licensing Authority.
After the hearing and deliberations, the Panel decided to revoke the street trading consent for A&A Plus at Bull Lane, Bracknell.
The Panel heard from residents who had raised objections to the operation of the trader in its current location on Bull Lane. Residents raised objections to the noise emanating from the unit arising from both loud customers and operation within the unit, and to the noise associated with shutting down the unit late at night. Residents also raised objections to the smell of cooking coming from the unit. It was claimed that both the noise and smell coming from the trader’s unit were disturbing the residents nearby. Objectors had kept a Nuisance Record log of issues arising over the period May to August 2018, which detailed activity such as ‘banging of fridge/cupboard doors’, ‘rowdy conversation’ and noise from vehicles. The Panel were convinced by the comprehensive nature of the objectors’ log, and noted that they presented as credible witnesses and gave cogent evidence.
The objectors had supplied a number of videos recording the type of noise heard from their property, and these were played to the Panel and commented on by the Consent holder. The sound recordings included noises of customers shouting, swearing and noise from children. It was not suggested by those present at the meeting that the sound recordings depicted noise from the generator. The Panel considered that the customer noise emanating from the unit would be particularly disruptive when the ambient background noise level dropped in the evenings. It was agreed that on the balance of probabilities, there was an unacceptable level of
additional noise generated in the area from the presence of the street trader.
Although objectors conceded that there was also noise associated with cars and parking arrangements in the area, the Panel formed the clear view that the location of the street trader in a residential area amounted in its own right to an unacceptable level of noise, and would cause disturbance to the quiet enjoyment of home owners in Shepherds Lane. It was felt that the presence of the trader was a cause of unacceptable anti-social noise issues late at night in Bull Lane. The consent holder’s arguments that noise was coming from the nearby alleyway, car park and people passing on their way to ... view the full minutes text for item 47.