Agenda item

            The Committee was advised that an application had been received from Mr. Simon Allen for a Mobile Street Trading Licence to sell ice cream, confectionery and non-alcoholic beverages in the Ballyhackamore, Ballymacarrett, Ballynafeigh, Belmont, Bloomfield, Knocknagoney, Strandtown and Sydenham areas of the City.  The applicant was proposing to trade from Monday to Friday between the hours of 3.00 p.m. and 9.00 p.m. and on a Saturday and Sunday from 1.00 p.m. till 9.00 p.m.

            The Head of Building Control reported that an objection to the application had been received from Mr. Neal Adair, who was licensed to sell ice cream, confectionery and non-alcoholic beverages in six of the areas which had been requested by the applicant, namely, Ballyhackamore, Ballymacarrett, Ballynafeigh, Belmont, Bloomfield and Strandtown.  He confirmed that Mr. Adair was in attendance in order to outline his objections to the application and he was welcomed to the meeting.

            Mr. Adair informed the Members that he had, for several years, been providing a service to customers in the aforementioned areas and that he had sought at all times to operate in accordance with the terms of his Licence.  He stated that his trade had declined in recent years and stressed that, should the Committee grant the application, it would, together with the increased cost of providing ice cream, have a detrimental impact upon his income.  He added that the area in which he traded was frequented on occasions by unlicensed vendors or those from adjoining council areas which impacted also upon his business.

            A member pointed out that the area in which Mr. Adair traded was significant in size and suggested that he might wish to give some consideration to reaching an agreement with Mr. Allen on, for example, the streets to be covered by each of them or their times of trading, which could be to the benefit of both parties.

            In response, Mr. Adair pointed out that the size of an area did not necessarily guarantee sales and that he remained of the view that one trader was sufficient on his route.

            Mr. Adair thanked the Committee for receiving him and he retired from the meeting.

            Mr. Allen, the applicant, was then admitted to the meeting and welcomed by the Chairman.

            Mr. Allen explained that this was his first application for a Mobile Street Trading Licence and that he had, in the past, provided cover for a trader in another part of the City. He made the point that it was not his intention to impinge upon Mr. Adair’s trade and that, in his view, there existed sufficient business in that part of the City to support a second vendor.

            Having been thanked by the Chairman, Mr. Allen retired from the meeting.

            The Head of Building Control explained that the advice of Counsel had been sought on whether the Council could, in assessing competing applications for a Street Trading Licence, restrict the number of street traders, on the basis that it would be detrimental to existing street traders and/or fixed business premises.  That advice had indicated, primarily, that the Council could not restrict the number of traders on the grounds that it would affect another trader’s business, as argued by Mr. Adair, as such a move would be contrary to anti-competition legislation.

            After discussion, the Committee agreed, in its capacity as Licensing Authority, to grant to Mr. Simon Allen a Mobile Street Trading Licence to enable him to sell ice cream, confectionery and non-alcoholic beverages from Monday to Friday between the hours of 3.00 p.m. and 9.00 p.m. and on a Saturday and Sunday from 1.00 p.m. till 9.00 p.m. in the Ballyhackamore, Ballymacarrett, Ballynafeigh, Belmont, Bloomfield, Knocknagoney, Strandtown and Sydenham areas of the City.  The Committee agreed also that Council officers should discuss with the objector, Mr. N. Adair, the possibility of extending the areas in which he was permitted to trade to include Knocknagoney and Sydenham, which would necessitate the submission by him of an application to vary his Licence.