Agenda item

           The Committee was advised that competing applications had been received from three persons wishing to trade from a vacant designated site in Boucher Crescent.  The Head of Building Control reviewed the applications, one of which had been submitted by Mr. C. Heggan, who had applied to sell, from a hot food trailer measuring 4 metres by 2.15 metres, hot food and non-alcoholic beverages from Monday to Saturday between the hours of 7.00 a.m. and 4.00 p.m. He explained that the applicant’s food business was registered currently by Lisburn City Council and that it had been awarded a 5* rating under the Northern Ireland Food Hygiene Rating Scheme. Mr. Heggan had, since June, 2014, been licensed to trade from a designated site in Apollo Road and had indicated that, should his current application be successful, he would vacate that site. The Head of Building Control pointed out that Council officers had found that the applicant had, on two occasions, breached the conditions of his Stationary Street Trading Licence by leaving his trailer on that site once trading had ceased. Mr. Heggan had been advised of the breaches and, whilst no further action was being considered, officers would continue to monitor his adherence to the Street Trading legislation.  

           He reported that the second applicant, namely, Mr. S. Johnston, was seeking to sell, from a hot dog cart measuring 1.5 metres by 1.5 metres, hot food and non-alcoholic beverages on a Monday, Tuesday and Saturday between the hours of 10.00 a.m. and 5.00 p.m. and on a Wednesday, Thursday and Friday from 10.00 a.m. till 9.00 p.m.  He confirmed that the applicant had never held a Street Trading Licence within Belfast and, given that he was only in the process of applying to have his food business registered by the Council, had not as yet attained a rating under the Food Hygiene Rating Scheme.

           He informed the Members that the third application had been submitted by Mr. K. McWilliams, whose food business was registered currently by Newtownabbey Borough Council and had been given a 5* food hygiene rating.  Mr. McWilliams was seeking to sell, from a hot food trailer measuring 5.5 metres by 2.15 metres, hot food and non-alcoholic beverages on a Monday, Tuesday, Wednesday and Saturday between the hours of 7.00 a.m. and 3.30 p.m. and on a Thursday and Friday from 7.00 a.m. till 7.30 p.m.  It was pointed out that the applicant had held previously a Stationary Street Trading Licence for a designated site in Dargan Crescent, however, he had cancelled that Licence after a period of one month due to a lack of trade. 

           The Committee was informed that the three applicants were in attendance in order to outline their proposals for the site and Mr. C. Heggan was admitted firstly to the meeting. 

           Mr. Heggan informed the Members that he had worked within the catering sector in Northern Ireland for the past twenty-five years and that his business had attained a 5* hygiene rating from Lisburn City Council, in whose area he resided and where his hot food trailer was stored when not in use.  He displayed a unique range of foods which he offered for sale and pointed out that they were sourced from specialist suppliers.  In addition, biodegradable, as opposed to polystyrene or plastic, food containers and cutlery were used in the business, appropriate waste bins were provided and all litter was removed from the site at the end of each day. He explained that he worked on the trailer on a full?time basis and that he employed a part-time chef.  However, should his application be successful, it would be his intention to employ two additional staff, who would each receive training on all aspects of food hygiene.  He concluded by assuring the Committee that his hot food trailer would be removed from the site at the end of each day.      

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

            Mr. Johnston, who was then admitted to the meeting, explained that he was proposing to sell hot dogs and similar food products from a cart which was similar in style to those found in New York and which would be environmentally friendly in that it did not generate fumes or grease. He pointed out that market research had revealed that those products, which would be prepared in advance, would be likely to prove popular for customers. He added that he was in the process of registering his food business with the appropriate council and, having thanked the Committee, he left the meeting.  

            Mr. K. McWilliams, the third applicant, was thereupon welcomed to the meeting.

            He reported that his food business possessed a 5* food hygiene rating from Newtownabbey Borough Council and that he had provided catering for a number of events and private functions within Belfast. His trailer was based upon the theme of an American diner and he confirmed that, should his application be successful, it was his intention to offer to customers a wide range of fresh foods, such as bagels and sandwiches. He concluded by stating that the site where he would be trading would be kept free of litter at all times and that he would ensure that his trailer would be removed once trading had ended. 

            The Chairman thanked Mr. McWilliams for his contribution and he retired from the meeting.

            After a lengthy discussion, it was

            Moved by Councillor Hussey,

            Seconded by Alderman Rodgers,

      That the Committee, in its capacity as Licensing Authority, agrees, on the basis that he currently holds a Stationary Street Trading Licence in Belfast and is, therefore, an established and experienced trader, that it is minded to grant to Mr. C. Heggan a Stationary Street Trading Licence permitting him to sell hot food and non-alcoholic beverages from Monday to Saturday between the hours of 7.00 a.m. and 4.00 p.m. in Boucher Crescent, at a site which has 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 licensing fees.

Amendment

            Moved by Councillor McCarthy,

            Seconded by Councillor Mullan,

      That the Committee, in its capacity as Licensing Authority, agrees, in view of the fact that he does not hold a Stationary Street Trading Licence currently and that, when trading previously at a designated site in Dargan Crescent, he had operated in accordance with the conditions of his Licence, that it is minded to grant to Mr. K. McWilliams a Stationary Street Trading Licence permitting him to sell hot food and non-alcoholic beverages on a Monday, Tuesday, Wednesday and Saturday between the hours of 7.00 a.m. and 3.30 p.m. and on a Thursday and Friday from 7.00 a.m. till 7.30 p.m., in Boucher Crescent, at a site which has 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 licensing fees.

            On a vote by show of hands eight Members voted for the amendment and four against and it was accordingly declared carried.

            The amendment was thereupon put to the meeting as the substantive motion when eight Members voted for and four against and it was accordingly declared carried.

            As a consequence of the decision to grant the Licence to Mr. McWilliams and the fact that there was only one designated site available, the Committee agreed that it was minded to refuse the applications which had been submitted by Mr. C. Heggan and Mr. S. Johnston, on the grounds set out in Sections 9(1) (a) (i) and (iv) of the Street Trading Act (Northern Ireland) 2001, namely, that the location at which they wished to trade was unsuitable and that there were sufficient traders trading at that location in the articles, things or services in which they wished to trade.

            The Head of Building Control informed the Members that the unsuccessful applicants would be advised that, in accordance with Section 12 (2)(b) of the Street Trading Act (Northern Ireland) 2001, they would be permitted to make written representation to the Council within twenty-one days from the date of notice.