Agenda item

            The Committee was advised that competing applications had been received from two persons wishing to trade from a designated site in Fountain Lane.  The Building Control Manager reviewed the applications and outlined the process for the Committee to grant one of the following applicants the pitch.

            He advised that Mr. S. Donnelly had applied to sell tour tickets, tour memorabilia and gifts. The proposed times of trading were Monday to Sunday from 9.00 a.m. to 5.00 p.m. and Mr. Donnelly proposed to use a stall on wheels measuring 3m by 1.5m.

            He informed the Members that the second application had been submitted by Mr. M. Kerr, who had applied to sell: Souvenirs and Memorabilia, Special Day, Occasions and Celebration goods and accessories; Flowers and plants; Clothing and accessories; Jokes and Toys; Confectionery; Cold Beverages; Jewellery; Flags; Whistles; Batteries; Art work; Beauty and Cosmetics; and Football merchandise from a traditional market stall measuring 3m by 1.5m. The proposed times of trading were Monday to Sunday from 6.00 a.m. to 10.00 p.m.

            The Committee was informed that the two applicants were in attendance in order to outline their proposals for the site.

Applicant 1

            Mr. P. Rogan, Manager of City Tours, on behalf of the applicant, informed the Committee that they had a similar provision on Fountain Street and believed that this stall would benefit their company and brand, and help grow their network of information points across the City Centre. He described the design of the stall and advised that they intended to sell bus tickets and memorabilia.

Applicant 2

            Mr. M. Kerr and Mrs. G. Kerr indicated that they wished to sell all types of tours, souvenirs and seasonal stock, including special occasion goods and they intended the stall to be a one-stop-shop for tourists. They suggested that the stall had been in their family for over 20 years and they would like to trade at the site.

            During points of clarification, Mr. Kerr clarified that he was currently unemployed and if his application was successful, the stall would provide him with an income to support his family.

            After discussion, the Committee, in its capacity as Licensing Authority, agreed, in view of the fact that he did not hold a Stationary Street Trading Licence currently and that he proposed to sell a wider mix of products,  that it was minded to grant to Mr. M. Kerr, a Stationary Street Trading Licence, on a one-year trial basis, permitting him to sell Tour Tickets, Souvenirs and Memorabilia; Special Day, Occasions and Celebration goods and accessories; Flowers and plants; Clothing and accessories; Jokes and Toys; Confectionery; Cold Beverages; Jewellery; Flags; Whistles; Batteries; Art work; Beauty and Cosmetics; and Football merchandise on a Monday to Sunday between the hours of 6.00 a.m. and 10.00 p.m., in Fountain Lane, at a site which had been designated previously for the sale of those commodities, subject to:

                                      i.          the applicant providing all necessary documentation;

                                    ii.          the receipt of the appropriate licensing fees; and

            As a consequence of the decision to grant the Licence to Mr. Kerr the Committee agreed that it was minded to refuse the application which had been submitted by Mr. Donnelly, on the grounds set out in Sections 9(1) (a) (i) of the Street Trading Act (Northern Ireland) 2001, namely, that the location at which they wished to trade was unsuitable by virtue of the fact that there was only one designated site available. .

            The Building Control Manager informed the Members that the unsuccessful applicant would be advised that, in accordance with 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.