Agenda item

Hearing to consider application for Grant of Street Trader Licence for layby on A68, East Craigford, South of Earlston – J Slater.  (Copy application together with letter of objection attached.) (applicant cited to attend.)

4.0       LICENSING OF STREET TRADERS - JOHN SCLATER

4.1       There had been circulated copies of an application for a Street Trader Licence from John Sclater together with supporting information and a letter of objection.    Mr Sclater and his Fiancée were present at the meeting.  Miss Langford who had submitted the letter of objection was also present. The Clerk confirmed with them that they had been made aware of the procedure.

4.2       Licensing Standards and Enforcement Officer, Mr. Wynne advised that Mr Sclater had applied for a Street Trader Licence to allow him to serve hot and cold snacks between 7 a.m. and 4 p.m. Monday – Friday and between 8 a.m. and 1 p.m. on a Saturday within the layby on the A68, East Craigsford layby 150 metres south of Earlston.  Mr Sclater had applied for and been granted planning permission, permission to use the layby from Transport Scotland and the required certificate of compliance for his vehicle.

4.3       On being invited to address the Committee, Mr Sclater explained that he had followed all procedures and applied for all required permissions, the planning permission requiring a notice to be displayed within the layby.  The process had taken longer than anticipated, resulting in him requiring to re-apply for a Street Trader Licence.  Mr Sclater further explained that he had addressed all the points raised by the objector in his supporting information.  The litter would be his responsibility as stipulated in his permission to use the layby so there would be less litter there than there was at present as he would be ensuring that all litter was correctly disposed of during his operating hours.  In terms of feeding the ponies, he understood completely the owner’s concerns and having been brought up around horses, would never harm them or allow anyone else to do so. He  would display Notices asking customers not to park over the access gate or feed the ponies.  Mr Sclater had already purchased a modern petrol generator which was a low noise output of 65 decibels (normal conversation is 60 and a household vacuum cleaner was 70) all of which would be lower than passing lorries /tractors.  In respect of road safety, Mr Sclater advised that he had initially applied to Transport Scotland for permission to trade from the larger layby approx. 300 metres from the site but this had been refused on road safety concerns.   He had been advised that trading had been permitted from the East Craigsford Lay-by and Mr Sclater had applied  and been granted  consent from Transport Scotland to trade from the layby for one year and renewal would be dependent on there being no issues.

4.4       On being invited to address the Committee, Miss Langford explained that she owned mini ponies which were stabled within the field next to the layby.  These ponies were ridden by toddlers at any time of the day, who had to pass the van to access the arena further down the layby.  Miss Langford emphasised that the layby was an accident black spot and Police Scotland were aware of this.  She further explained that the gate for the field was directly at the entrance to the layby and vehicles speed into the layby, which was already busy and would become busier if there was a snack van within it.  There had been many vets’ bills as a result of animals being fed by people using the layby.  Miss Langford was concerned about the noise which would make the animals jumpy and referred to her own daughter, who was disabled, riding the pony.  Miss Langford also referred to flooding which had previously occurred in the layby, requiring the ponies to be moved further into the field. 

4.5       In response to questions from the Committee, Mr Sclater confirmed that he was prepared to put up any notices which were required and to prevent feeding of the ponies during his operating times.  Members were of the unanimous opinion that Mr Sclater had taken extensive measures to alleviate the objector’s concerns and could not be held accountable for the actions of other users of the public road or layby. 

DECISION

AGREED that the application submitted by Mr Sclater for the grant of Street Trader Licence be granted.