Agenda item

            The Committee was reminded that, at its meeting on 16th October, it had considered two separate competing Street Trading Licence applications for a vacant designated site in Berry Street, located 46 feet from its junction with Royal Avenue.  The Committee, having considered the representations made by the applicants, had agreed that it was minded, in view of the fact that her application was the first to be submitted, to grant to Ms. M. Szczesna a Stationary Street Trading Licence to sell hand crafts, e-cigarettes, e-cigarette accessories and refills, seasonal accessories, leather goods and jewellery from Monday to Saturday between the hours of 9.00 a.m. and 7.00 p.m. and on a Sunday from 1.00 p.m. till 6.00 p.m. in Berry Street, 46 feet from its junction with Royal Avenue, at a site which has been designated previously for the sale of those commodities.

            As a consequence of the decision to grant the Licence to Ms. Szczesna and the fact that there was only one designated site available, the Committee had agreed that it was minded to refuse the application which had been submitted by Mr. P. Robinson, on the grounds set out in Sections 9(i) and 9(iv) of the Street Trading Act (Northern Ireland) 2001, namely, that the location at which he wished to trade was unsuitable and that there were sufficient traders trading at that location in the articles, things or services in which he wished to trade.

            The Head of Building Control informed the Members that Mr. Robinson had been advised that, in accordance with Section 12 (2)(b) of the Street Trading Act (Northern Ireland) 2001, he would be permitted to make written representation to the Council within twenty-one days from the date of notice.  He confirmed that, whilst Mr. Robinson had not appealed the decision, he had requested that his application be held on record and considered should a suitable site become available.  He added that officers had since discussed with Mr. Robinson the availability of other sites.

            Accordingly, it was

      Resolved – That the Committee, in its capacity as Licensing Authority, agrees to affirm its decision of 16th October to grant to Ms. M. Szczesna a Stationary Street Trading Licence to sell hand crafts, e-cigarettes, e-cigarette accessories and refills, seasonal accessories, leather goods and jewellery from Monday to Saturday between the hours of 9.00 a.m. and 7.00 p.m. and on a Sunday from 1.00 p.m. till 6.00 p.m. in Berry Street, 46 feet from its junction with Royal Avenue, at a site which had been designated previously for the sale of those commodities, subject to:

i.    the applicant providing all necessary documentation; and

ii.   the receipt of the appropriate licence fee.

            As a consequence of that decision, the Committee agreed to refuse the application which had been submitted by Mr. P. Robinson, on the grounds set out in Sections 9(i) and 9(iv) of the Street Trading Act (Northern Ireland) 2001, namely, that the location at which he wished to trade was unsuitable and that there were sufficient traders trading at that location in the articles, things or services in which he wished to trade.