The Sub-Committee considered an application to
grant a street trading licence (static) for Mr Stephen Connelly, on
behalf of Bears Great Escapes Limited, in the vicinity of the
Riverside and Fountains Area.
At the start of the hearing, the Chairman made
the following statement:
“Presentations to this Sub-Committee are
not given under oath. However, I would like to remind all parties
that the highest standards are expected and any deviation from
these high standards could possibly influence any decision of the
All the parties to the hearing introduced
themselves. Mr Connelly was in
attendance and was represented by Mr Heath Thomas, solicitor. They
were satisfied with the proposed procedure.
Kevin Barnett, for the Legal Services Manager,
summarised the matter for consideration. He explained that the
matter had been referred to the Sub-Committee for determination by
Worcestershire Regulatory Services because two representations had
been received in respect of the application.
Niall McMenamin, Senior Licensing Practitioner
on behalf of Worcestershire Regulatory Services, was then invited
to make representations. In summary, he
set out the background to the application, as set out in the agenda
report. In response to questions from Sub-Committee Members, he
clarified that market rights were a separate matter dealt with by
the City Council and that it was common for street trading rights
to be suspended when markets were in operation.
Mr Thomas then spoke in support of the
application. In summary, he explained the proposed method of
operation. He clarified that the market
in this area only operated on Bank Holiday Mondays and that Mr
Connelly would remove those days from his application and seek
consent from the market operators should be wish to have a pitch
when the market was in operation. With regard to the trade
objection from Mr Bright, in his view many of the points raised
were not relevant to the application. Environmental Health had not
raised any objection and in his view the comments about food
hygiene therefore carried little weight. There was no evidence to
substantiate the allegation that Mr Connelly disregarded the
Council’s street trading regulations.
In response to questions from Sub-Committee
Members, Mr Thomas confirmed that any waste arising from this
operation would be appropriately disposed of at the end of each
In response to questions raised for
clarification, there was a short adjournment to establish the
position regarding conditions attached to mobile street trading
licences in the vicinity. Upon
reconvening, Mr Barnett stated that the existing condition applied
to similar mobile street trading licences, that there shall be no
trading within 50 metres of any other ice cream vendor, should be
disregarded in relation to this proposed static trading site so as
not to affect the rights of existing licence holders.
All parties were given the opportunity to make
a final statement. Mr McMenamin stated that he had nothing further
to add. Mr Thomas stated that Mr
Connelly had already demonstrated his ability to trade in
accordance with the Council’s street trading licence
conditions. He asked ...
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