Agenda item

The Senior Licensing Officer advised the Committee that it was being asked to consider two competing Stationary Street Trading Licence applications to trade at a designated site in Boucher Crescent.  The site was designated to allow for the sale of hot food and non-alcoholic beverages and both applications complied with the designating resolution for the site.

The first application was received from Mr. Ajithjosedaniel Arputharaj.  He had applied to sell hot food and non-alcoholic beverages from a trailer measuring 5.5m by 2.1m. His proposed hours of operation were Monday to Sunday, 7.00am to 9.00pm.  He had not previously held a street trading licence with Belfast City Council.  He was registered with the Council’s Environmental Health Food Safety and was awaiting initial inspection.

The second application was from Mr. Aaron Smallwood.  He had applied to sell hot food and non-alcoholic beverages from a trailer measuring 3m by 2m. His proposed hours of operation were Monday to Saturday, 9.00am to 3.30pm.  Mr. Smith had not previously held a street trading licence with Belfast City Council.  He was registered with North Down and Ards Borough Council’s Environmental Health Food Safety where he had a five star food hygiene rating.

            The PSNI and DFI Roads had been consulted and had no objections to either application, subject to correct vehicle positioning.

            The Chairperson advised the Committee that the two applicants were in attendance to outline their proposals for the site.  He invited Mr. Arputharaj and his wife Mrs. Vinoliya Sahayaraj to address the Committee first.

            Mrs. Sahayaraj explained that she was the co-owner of the business and was also a nurse.  She stated that a healthy gut made a healthy mind and they wanted to offer something different to the local area, including Indian dosas and fresh fruit juices.

            The Chairperson then welcomed Mr. Smallwood.  He advised the Committee that he had an airstream-style trailer which had been custom built for his business.  He proposed to sell sourdough toasties, locally roasted coffee and locally made traybakes.  He also proposed to employ people in the local area.

            The Senior Licensing Officer advised the Members that the first application, from Mr. Arputharaj, was received six days before Mr. Smallwood’s application.

            In response to a Member’s query, he clarified that a Food Hygiene rating was awarded after an inspection of the area/vehicle used for food preparation and serving, and was not awarded to a person. 

            A further Member stated that it was, again, hard to determine which business should be awarded the pitch as both seemed like good businesses.  However, he stated that he felt that the Committee should consider awarding the licence to Mr. Smallwood, given that he had invested significant money into the trailer, that it was his intention to use local produce and that he had previously been awarded a five-star food hygiene rating by another Council.

            A further Member stated that, in order to be consistent with the previous application, that the licence be granted to the application which had been received first.

            Moved by Councillor Ó Néill

            Seconded by Councillor T. Brooks and

      Resolved - That the Committee is minded to grant and approve the licence to Mr. Arputharaj and, given the fact that there is only one designated site available, is minded to refuse the licence application to Mr. A. Smallwood on the grounds set out in Section 9 (a) (i) and (iv) of the Street Trading Act (Northern Ireland) 2001, namely, that the location at which the applicant wishes to trade as a stationary trader is unsuitable and there are sufficient traders trading in the street, or at premises adjoining it, in the articles, things or services in which the applicant wishes to trade.