Agenda item

To seek consideration of an application for Street Trading licence – Sea Walls, The Downs.

The Committee discussed an application for the grant of A Street Trading Consent at Sea Walls Adjacent To Public Conveniences Circular Road, Durdham Down.

The Committee Received 16 Public Forum Statements from the following speakers, details of these statements are available for Inspection in the Minute Book:

1          Alan Preece

2          Delphine Barnes        

3          Elizabeth Balmer       

4          Jo and Brad Hall         

5          Kean Seager

6          Margaret Burgess      

7          Michael Goldsmith    

8          Natalie Beaufils         

9          Sheila Singleton         

10        W R Rennison 

11        Councillor John Goulandris    

12        Angela Reader           

13        Caroline Baker           

14        Michael Andrews       

15        Bridget Brook 

16        Chris and Cathy Lewis

The Licensing Officer introduced the application and explained the differing roles of the Downs Committee and the PSP Committee in this matter. She indicated that a large number of representations had been received in respect of this application, together with a small number since the report had been produced.

In response to a member’s question, it was confirmed that all responsible Statutory Authorities had been consulted in the process, including the Police, the Council and residents within 100 metres (the latter amounting to 14 addresses) as required under the legislation. There was no requirement in the legislation to put up on site a notice concerning this licence application.

The Applicant (Steve Bellot) was in attendance, together with a representative (Jason Birakos). Mr Birakos advised the Committee that the applicant had seen an advertisement for the licence and, following a formal tendering selection process, had been awarded the contract. He confirmed that:

(1)        they had advised key groups on the Downs wherever possible about this contract, including dog walkers, utility groups and buggy users;

(2)        a Waste Management Plan had been created to ensure all rubbish within 10 meters of the van would be cleared and rubbish disposed of appropriately;

(3)        The food was sourced from locally grown organic vegetable produce and the meat through Ruby White Butchers in Whiteladies Road. There would be high quality produce;

(4)        The Applicant was shocked at the lack of consultation on this contract. He confirmed that he would have been happy to present the case for his business to local residents;

(5)        The Applicant did not anticipate that views of residents would be blocked significantly if at all;

(6)        The period of operation of the licence was from 7am to 10pm or dusk whichever was the sooner – everything would be removed at night;

(7)        The hard standing was already present before the applicant had applied for the portal;

(8)        The original application would have been received by Bristol City Council as landowners;

(9)        The contract also specified the requirement for a Food Hygiene Certificate and a Street Trading Licence.

It was noted that, under Paragraph 27(b) of the Licence, there was a requirement for a valid street trading consent following the award of the tender on 18th January 2016.

The Legal Representative confirmed that the issues of the contract and policy were issues for the Downs Committee – the PSP Committee could only discuss Regulatory matters. She stated that, in her view, clarification was required from the Downs Committee concerning the issue of the byelaw.

Councillors expressed concern that the matter had not been handled in a way that was fair either to the applicant or to the respondents.

It was moved by Councillor Khan, seconded by Councillor Windows and, upon being put to the vote, it was

Resolved: (unanimously) – that the Committee expresses its concern that issues relating to consent and consultation appear not to have been resolved by the Downs Committee and that a decision is therefore deferred pending reconsideration of these issues at the earliest opportunity by the Downs Committee, including in particular clarification as to whether the trading applied for at the times sought and by this particular applicant has the necessary consent under the street trading byelaw for which the Downs Committee is the regulator.