Agenda item

           The Director of Planning and Building Control reminded the Committee that it had previously considered two competing Stationary Street Trading Licence applications to trade at a designated site at Duncrue Link, 50 feet from the junction with Duncrue Road.  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 Committee, at its meeting on 21st May, 2025, had agreed that it was minded to grant and approve the licence to Ms. V. Kemp.  One of the reasons given by the Committee was that, in line with previous decisions, the street trading licence should be awarded to the application which had been received first.  As a result, that had meant that the designated site had been taken and, there being no suitable location for the other applicant, the Committee was therefore minded to refuse the application submitted by Mr. D. Smith.

            Mr. Smith had submitted a written representation to appeal the Committee’s decision, which it was now being asked to consider before arriving at its final decision on the competing street trading applications for the designated site.

            A Member stated that they felt that the appeal from Mr. Smith held validity, in that there were specific personal reasons as to why the licence had not been renewed and that it was a continuation of a business which had been trading on that site for years.

            The Solicitor advised the Committee that the application was not a continuation and that it was from a new business.

            A further Member stated that he did not feel that the Council’s policy in relation to determining between competing Street Trading applications was robust.  He stated that there should not be a deadline if the Council would grant licences on a first come, first served basis.  He added that he felt that there should be a scoring matrix.

            The Director clarified that there was no deadline for applications with regards to competing street trading applications.

            Moved by Councillor McKay,

            Seconded by Councillor P. Donnelly,

      That the Committee agrees to amend its decision of 21st May, 2025, and, due to the personal circumstances of the previous business owner and that the van being used in the current application had been there for a decade, agrees to grant and approve the Stationary Street Trading Licence to Mr. D. Smith and refuse the application made by Ms. V. Kemp.

Amendment

          Moved by Councillor Bunting,

          Seconded by Councillor D. Douglas,

        That the Committee agrees to uphold its decision of 21st May, 2025, and grant and approve the Stationary Street Trading Licence to Ms. V. Kemp and to refuse the licence application made by Mr. A. Smallwood.

            On a vote, nine voted for the amendment and nine against.  As there was an equality of votes, the Chairperson exercised his second and casting vote in favour of the amendment and it was accordingly declared carried.

            The amendment was thereupon put as the substantive motion and it was accordingly declared carried.