Agenda, decisions and minutes

To elect a Chairman for this meeting.

Nominations for a Chairman were sought, and it was,

Resolved:

To elect Councillor Trevor Carbin as Chairman of the Sub Committee for one meeting only.

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

There were no declarations of interest.

The Chairman will explain the attached procedure to those present.

The Chairman explained the meeting procedure that would be followed as detailed in the agenda papers at pages 5 - 10.

To consider whether to exclude the press and public from the meeting for the business specified in Agenda item 5 in accordance with Section 100A (4) of the Local Government Act 1972 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.

Following input from those present, and with no members of the press or public in attendance, the Sub Committee determined there was no need to formally pass a resolution excluding any other attendees.

To consider and determine an appeal against a a refusal of a Street Trading Consent decision.  The report of the Amenity Partnership Team Leader is attached.

Mr Tom Ince (Amenity Partnership Team Leader and Authorised Officer), presented a report detailing the decision to refuse the Appellant, Mr Mehmet Yilmaz a street trading consent for kebab van, which was to be situated in George Lane car park, Marlborough.  Mr Ince highlighted the following:

• During the 30-day consultation process a number of representations were received.  Three objections from Wiltshire Police who were particularly concerned that the proposed location was also the site of a Police ‘touchdown point’ and that a food establishment in that area would cause them difficulties in managing on ongoing situation with anti-social behaviour in the area.  They were also concerned about noise disturbance, litter, drug dealing and the fact that there are residential properties nearby;

• Marlborough Town Council also shared the same concerns as the Police and highlighted the fact that the trader would be within 200m of a school;

• Cllr Nicholas Fogg also supported the objections raised by the Town Council and Police and considered that such a food outlet could lead to breaches in public order; and

• The issues raised and the subsequent objections met the criteria for determining applications detailed in the Street Trading Consent Guidelines – Public Order, which determined that consent should be refused.

The Appellant, Mr Yilmaz did not wish to ask any questions of the Authorised Officer.

Members of the Sub Committee then had the opportunity to ask questions of the Authorised Officer as detailed below:

Q        Was there any evidence of anti-social behaviour?

A        No, this was accepted as the Police’s recommendation that a van in his   area would exacerbate anti-social behaviour.

Q        Are there any other mobile hot food takeaways in Marlborough?

A        There are some in outlying roads of Marlborough on the A road but                  none in the Town Centre.

Q        What is the proposed proximity of the kebab van to the Police          touch           down point?

A        I believe it is within 10 metres of the area the Police were planning to    use.  The Appellant had suggested another area which was closer to Waitrose, but this site was still of concern to all those who had replied   to the consultation and it was felt that it would still compound the    existing anti-social behaviour concerns.

Q        There are no noise concerns raised in the Town Council’s     representation?

A        No, they were concerned with the anti-social behaviour.

Q        Could the Appellant do anything to help control the anti-social    behaviour?

A        The Appellant has offered to have CCTV on the kebab van, but the area proposed is large and the CCTV from the van would not give coverage of a very large area.  It is felt that it would attract young adults to the area and encourage drugs and anti-social behaviour to the area.

Q       The Police intend to use this area as a touch down point – why would this be a problem?

A        We aim to work in partnership with the Police and as they have made a           strong objection we feel we should support  ...  view the full minutes text for item 5.