Following the hearing of the application for variation of street trading consent in respect of the above premises by the Licensing Panel on 16 October 2018. The Panel decided to grant variation of street trading consent to the above, subject to the mandatory street trading conditions.
The Panel confirmed that the timings of the variation of street trading consent would be:
Sunday – Thursday 4:30pm – 00:00am
Friday – Saturday 4:30pm – 02.00am
The Panel carefully considered all the information presented, both written and oral, from:
• the Licensing Officer who outlined the issues;
• the Applicant,
• the Interested Parties, including the interested parties who submitted written representations but did not attend.
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 objections raised by the Police or the Fire Authority.
The Panel decided that the variation of street trading consent should be granted, but felt that the times proposed within the application were too late and could cause noise nuisance for the surrounding residents. Instead, the Panel confirmed that the trading times should be Sunday – Thursday 4:30pm – 00:00am and Friday – Saturday 4:30pm – 02.00am to allow pub trade from the Market Inn.
The Panel considered carefully the submission from Environmental Health and were satisfied that the generator noise, which had been subject to the complaint received, had been dealt with as a new quieter generator had been installed. The Panel also understood that the complaint had also raised concerns about people noise from your site when the trader had mistakenly stayed open until 3am. The Panel were satisfied that any people noise would be managed by the applicant, but did remind the applicant that this could be subject to further review.
The Panel took into consideration the submissions received by the ward Councillors, but were careful not to compare your site to other nearby traders, as each application had to be considered on its own individual merits.
The applicant stated that the majority of their trade was conducted by passers-by and that customers tended to take their food with them rather than stay at the site. The applicant made it clear that she did not anticipate lots of late night noise and would contact the police should any anti-social behaviour occur.
The Panel’s decision was binding upon you all parties.