Agenda and minutes

Minute of Meeting held on 19 January 2018 to be noted and signed by the Chairman.  (Copy attached.)

1.0       Minute

1.1       The Minute of the Meeting of 19 January 2018.

DECISION

NOTED and signed by the Chairman.

(Copy to follow.)

2.0       Licences issued under Delegated Powers

2.1       Miscellaneous Licences issued under delegated powers between 14 March 2018  – 11 April 2018.

DECISION 

NOTED.

Consider application for Grant of Street Trader Licence - Lorraine Sharkey. (Copy application and objection from Dr and Mrs B Auld together with applicants written responses attached.)

3.0       LICENSING OF STREET TRADERS

3.1       There had been circulated copies of an application for the Grant of Street Traders Licence submitted by Lorraine Sharkey, a letter of objection and a copy of the applicants written response to the objection.  Mr Sharkey, the applicants brother, was present at the meeting on her behalf as she had been hospitalised and was undergoing surgery.

3.2       Mr Wynne, Licensing Standards and Enforcement Officer explained that the application was for a Street Traders Licence to operate between 11 a.m. and 2 p.m. on Monday – Friday of each week selling homebaking and takeaway food.  The food would be prepared off site and sold from a portable gazeebo erected at the front of 18 Murray Street, Duns.

3.3       An objection had been received from Dr and Mrs B M Auld in terms of parking and traffic issues, potential disruption to traffic exiting and arriving at Murray Street, potential for litter and the effect on the aesthetic environment.  There were no representations or objections by Police Scotland.  

3.4       Mr Sharkey explained that the gazeebo was similar to those used at the Farmers Market and the intention was to serve one hot dish per day together with homebaking and gluten free products.  There would be no fizzy drinks for sale and he did not envisage any parking problems.  In terms of potential for rubbish, it was reported that there were two litter bins provided within a 50m radius of the proposed site which should accommodate any increase in litter, although Mr Sharkey was prepared to provide a further bin.  Mr Sharkey advised that the hot food and homebaking would be prepared off site and that the preparation area already had all the required approvals.  The gazeebo would be in situ for a limited period on a daily basis and as such would have a minimal impact on any aesthetic environment.  The Members raised concerns with regard to the impact on established businesses within the vicinity, whether the route between the site and the Secondary school was safe for children and the stability of the gazeebo. The Clerk advised that the impact on established business was not a matter the Committee could take into account and that the act provided that the trading location must be more than 100 yards away from an established business selling similar goods. In addition, Ms Sharkey would require to obtain a food hygiene certificate of  compliance from Environmental Health. 

DECISION

GRANTED with the additional provision of a further litter bin.    

Before proceeding with the private business, the following motion should be approved:

“That under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be exclude from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 14 of Part 1 of Schedule 7A to the aforementioned Act.”

4.0       Private Business

               DECISION

AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix to this Minute on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 12  of part 1 of Schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

5.0       MINUTE

5.1       The Private section of the Minute of 19 January 2018 was approved. 

The meeting concluded at 11am.

Private section of Minute of Meeting held on 19 January 2018 to be noted and signed by the Chairman.  (Copy attached.)