Minutes:
The Committee was advised that an application had been received from Mr. M. Gulusen for the renewal of a Stationary Street Trading Licence for a designated site in Berry Street, 36 feet from its junction with Royal Avenue. The Head of Building Control reported that Mr. Gulusen had initially been granted a Licence in 2005. However, the Committee, at its meeting on 20th October, 2010, had, based upon information relating to a number of licence infringements, agreed not to renew the Licence. Mr. Gulusen’s subsequent appeal of that decision had not been heard by the Magistrates Court as the time limit governing that process had elapsed.
He reminded the Committee that, on 26th September, 2011, it had considered a new application from Mr. Gulusen who, at that meeting, had, together with his legal representative, provided assurances around his future conduct should his Licence be granted. The Committee had approved the application on that basis and had stipulated that handmade leather items should be the prominent goods being offered by him for sale. On 21st November, 2012, the Committee, in considering the renewal of the Licence, had been advised that Mr. Gulusen had requested to sell additional commodities and to trade from a custom made trailer type stall. The Committee had agreed to renew the Licence and to extend the list of commodities to be sold, on condition that leather goods make up 50% of that list. It had approved also the use of the trailer, subject to it being removed from the site at the end of each day’s trading.
The Head of Building Control informed the Members that, since 2012, Mr. Gulusen had continued to breach the conditions of his Licence and that he had failed consistently to cooperate with Council officers. He confirmed that complaints had been received from a business located on the junction of Berry Street and Royal Avenue advising that his trailer was being left in Berry Street overnight and that he was operating in front of the premises, some distance from his designated site. Complaints had been received also from the Roads Service and from members of the public regarding Mr. Gulusen’s failure to remove his trailer, which had been evidenced over a number of months by Council officers. The officers had confirmed also that Mr. Gulusen had been trading away from his designated site and that he had not been offering for sale any leather goods, as required under the terms of his Street Trading Licence. In addition, he had continued to trade despite failing to make payment to the Council for the use of a subsistence licence whilst his application was being processed.
During discussion, several Members highlighted the fact that Mr. Gulusen had consistently flouted the conditions of his Street Trading Licence and that the Committee had, over the years, given him every opportunity to operate and to enhance his business. The point was made that, should the Licence be renewed, it would convey a negative message to other traders who operated in accordance with the Street Trading (Northern Ireland) Act 2001.
Accordingly, the Committee agreed, in its capacity as Licensing Authority, that it was minded to refuse the application submitted by Mr. M. Gulusen for the renewal of a Stationary Street Trading Licence for Berry Street, 36 feet from its junction with Royal Avenue, on the discretionary grounds as set out in Section 9 (1) (c) of the Street Trading Act (Northern Ireland) 2001, in that he was, on account of misconduct or some other reason relating to trading activities, unsuitable to hold a Street Trading Licence.
The Committee was advised that, as a consequence of its decision, the applicant would be notified that, under Section 12 (2) (b) of the aforementioned Act, he would be permitted to make representation, in writing, to the Council, with such representation to be made not less than twenty-one days from the date of notice. Should such representation be made, he would be permitted, prior to the Committee deciding on the matter, to address a future meeting.
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