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 Duncrue Link.  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 Ms. Vanessa Kemp.  She had applied to sell hot food and non-alcoholic beverages from a catering van measuring 5.5m by 2.15m. Her proposed hours of operation were Monday to Friday, 7.00am to 5.00pm.  Miss. Kemp had not previously held a street trading licence with Belfast City Council but was registered with the Council’s Environmental Health Food Safety and had a food hygiene rating of 5.

The second application was from Mr. Daniel Smith.  He had applied to sell hot food and non-alcoholic beverages from a catering van measuring 7.92m by 2.44m. His proposed hours of operation were Monday to Friday, 8.00am to 2.30pm.  Mr. Smith 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 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 Ms. Kemp and her father, Mr. A. Kemp, to address the Committee first.

            Mr. Kemp outlined that his daughter had been working in the catering trade for 15 years and that he had a Street Trading Licence with the Council.  He queried why, after her application, which had been lodged in January 2025 and subsequently marked as “pending approval”, was a further application accepted for the same site, in March 2025.

            In regards to the process, the Senior Licensing Officer explained that the Council had no power to refuse an application and it had to be considered. 

            In response to a further Member’s query regarding the process, he further explained that there was no time limit for a street trading licence application and, had the consultation been completed on the first application received, with no objections, it would most likely have been processed and issued.  He added that officers published the term “pending” beside any live applications on the website to try and discourage additional applications from being submitted and that applicants were advised if they were the second or third applicant, for example.

            The Chairperson then welcomed Mr. D. Smith to the meeting. 

            Mr. Smith advised the Committee that he had purchased the van off the trader who had previously operated at the site for around forty years, as the previous trader’s wife had become unwell.  Mr. Smith stated that the previous trader’s niece had continued to work for him, along with the same menu offering, staff and suppliers.

            A Member requested information from both traders in respect of their food receptacles and their waste products.

            During discussion, some Members stated that they felt that the licence should be given to Mr. Smith, as he had stated that he would be operating at the site with the same menu and staff that had been trading in the area for 40 years.

            In response to Members’ comments, the Solicitor advised the Committee that the two applications before the Committee were both new applications, as the previous business which had been operating from that site had ceased trading in December 2024.

            Other Members stated that they felt that the licence should be granted to Ms. Kemp, given that her application had been lodged with the Council first.

            A further Member stated that one of the applicants had a food safety rating.  A further Member added that you could only get a rating when you began trading and to use that reasoning would be unfair to any new business.

            A number of Members stated that they felt that the process was somewhat confusing. 

The Director agreed to bring a report to a future meeting in order to further clarify and, where possible, simplify the process for the Committee’s consideration of competing Street Trading Licence applications.

Proposal

Moved by Councillor Ó Néill,

Seconded by Councillor T. Kelly,

      That the Committee is minded to grant and approve the licence to Mr. Smith and minded to refuse the licence application to Ms. V. Kemp under the discretionary grounds within Section 9 of the Street Trading Act (Northern Ireland) 2001.

Amendment

            Moved by Councillor D. Douglas,

            Seconded by Councillor Smyth,

      That the Committee is minded to grant and approve the licence to Ms. V. Kemp and given the fact that there is only one designated site available, is minded to refuse the licence application to Mr. D. Smith 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.

            On a vote on the Amendment, standing in the name of Councillor Douglas, eight Members voted for it and seven Members against and it was accordingly declared carried.