Issue - meetings

The Chairman invited all present to introduce themselves, as follows:

Councillor Hinder   – Chairman

Councillor Joy   – Vice-Chairman

Councillor Blackmore   – Committee Member

Councillor Greer   – Committee Member

Councillor Grigg   – Committee Member

Councillor B Mortimer   – Committee Member

Councillor Naghi   – Committee Member

Councillor Newton   – Committee Member

Councillor Ring   – Committee Members

Councillor Robertson   – Committee Member

John Littlemore   – Head of Housing and Community Services

Jayne Bolas   – Legal Advisor

Claire Perry   – Licensing Partnership Manager

Poppy Collier   – Clerk to the Committee

David Bolesworth   – Applicant

Lee May   – Brachers Solicitors, representing the Applicant

Ashley Green   – Gourmet Street Food Company, Objector.

It was noted that apologies were received from Environmental Health and Fremlin Walk, who had submitted objections included in the agenda. Both were unable to attend due to late notice and prior commitments, and wished their objections to be taken into account.

The Head of Housing and Community Services, John Littlemore, provided a brief overview of the application. Jayne Bolas, the legal advisor, corrected the statement at item b) of the Order of Proceedings included at p.58, clarifying that the Head of Housing and Community Services did not have the delegated power to refuse an application, applications with objections were referred to Committee for a decision after a hearing.. 

The applicant was invited to present his case. Lee May, representing the applicant, stated the following:

·  The applicant, if granted the variation, would not be frying any onions or other food. In his view the environmental enforcement objection related to a misapprehension that he would be.

·  The application accorded with the Council’s policy.

·  There were, in Mr May’s opinion, no meaningful objections.

·  When balancing the matter the benefit should be given to the applicant due to this being his livelihood.

·  The applicant already had permission to sell ice creams from his barrow, in the same location at the same times. The application was to sell hotdogs from an enclosed cabinet on the same barrow. The hotdogs would not be cooked in the cabinet, but would be kept warm using steam. This type of equipment was used in cinemas and other enclosed spaces. The policy was for a presumption in favour of granting unless a reason set out in the policy applied.

·  Competition should not be an argument against granting the application, as if there were not a sufficient market then Mr Bolesworth would cease to trade.

·  There was not an undue concentration of similar trade in the area, and it would be unfair to Mr Bolesworth if Fremlin Walk’s decision to have multiple businesses were to disrupt his ability to trade.

·  There would be no noise from the equipment and no smell. An arrangement had been formed with the Royal Star Arcade for the disposal of litter.

·  There would be no obstruction caused as there was already consent in place for the pitch, and the application would require only a slight change to the design of the barrow to accommodate the cabinet.

·  Fourteen of those  ...  view the full minutes text for item 73