Agenda item
Street Trading Appeal - Mr Chu
- Meeting of Licensing Act 2003 Sub Committee, Thursday 13th October, 2022 10.00 am (Item 25.)
- View the background to item 25.
Minutes:
The persons participating at the hearing were identified as follows:
· Chairman - Councillor Garten
· Committee Member - Councillor J Sams
· Committee Member - Councillor Coates
· Senior Licensing Officer - Lorraine Neale
· Legal Advisor - Helen Ward
· Democratic Services Officer – Oliviya Parfitt
· Democratic Services Officer – Alanna Randall (Shadowing)
All parties confirmed that they were aware of the Sub-Committee hearing procedure and had each received a copy of the hearing procedure document
The Sub-Committee agreed to proceed in the absence of the objectors and applicant, and confirmed that they had read the papers.
The Chairman Explained that:
· The Sub-Committee would allow all parties to put their case fully and make full submissions within a reasonable time frame.
· The procedure would take the form of a discussion led by the Sub-Committee and they would usually permit cross-examination conducted within a reasonable timeframe.
· Any person attending the hearing who behaved in a disruptive manner may be directed to leave the hearing by the Sub-Committee (including temporarily) and thereafter they person may submit to the Sub-Committee in writing any information which the person would have been entitled to give orally, had the person not been required to leave the meeting.
The Senior Licensing Officer outlined the application, stating that two objections had been received.
However, the Licensing Officer noted that applicant had that morning been informed that a second application for an alternative site had been approved, and therefore just before the hearing started, they spoke to the Licensing Officer and said they would not be attending the Sub Committee meeting to pursue their appeal.
The Legal Advisor stated that as neither party was in attendance, and the applicant no longer wished to pursue a street trading consent for the original site, the Sub-Committee could forego deliberating in private if they were in agreement to dismiss the appeal.
The Chairman stated that the Sub-Committee had decided to dismiss the appeal. All parties would be provided with a written decision notice. There was no right of appeal to the Magistrates court.
RESOLVED: That the appeal be dismissed.
The meeting closed at 10.10 a.m.
Supporting documents:
- Street Trading Appeal - Mr Chu, item 25. PDF 155 KB View as HTML (25./1) 62 KB
- 1 Appendix - Application form and receipt, item 25. PDF 470 KB
- 2 Appendix - Exact location map, item 25. PDF 442 KB
- 2A Appendix - Map 1, item 25. PDF 159 KB
- 2B Appendix - Map 2, item 25. PDF 181 KB
- 3 Appendix - Kristian van haeften, item 25. PDF 87 KB View as HTML (25./6) 2 KB
- 4 Appendix - Mr Bolesworth, item 25. PDF 5 MB
- 5 Appendix - 11.8.22 Refusal Letter, item 25. PDF 137 KB View as HTML (25./8) 7 KB
- 6 Appendix - 24.8.22 Appeal Letter, item 25. PDF 100 KB View as HTML (25./9) 4 KB
- 7 Appendix - Supporting_Photos, item 25. PDF 5 MB
- 8 Appendix - Hearing Procedure, item 25. PDF 71 KB View as HTML (25./11) 8 KB
- Street Trading Appeal - Decision Notice, item 25. PDF 116 KB View as HTML (25./12) 4 KB