Venue: Council Chamber, Kilmory, Lochgilphead
Contact: Fiona McCallum Tel. No. 01546 604406
APOLOGIES FOR ABSENCE
Apologies for absence were intimated from Councillors Gordon Chalmers, Rory Colville, Robin Currie, Mary-Jean Devon, Neil Mackay and Alex McNaughton.
DECLARATIONS OF INTEREST
CIVIC GOVERNMENT (SCOTLAND) ACT 1982: APPLICATION TO AMEND STREET TRADER'S LICENCE - D MACPHERSON (CAMPBELTOWN)
The Chair introduced himself and invited those present at the meeting to do likewise and then outlined the procedure that would be followed.
The Chair invited the Applicant to speak in support of his application. Mr MacPherson advised that he was changing the current vehicle he used for a larger vehicle. He explained that his business was affected when the weather was bad and especially when windy and that the new vehicle would be far safer to work in and that it would also be beneficial to customers as it would allow them to come off the street and into the van to place their orders. He confirmed that no other changes would be made and that he would continue to sell the same types of food and site his vehicle in the same places as the current vehicle.
Questions to Applicant
The Chair then invited the Objector to ask the Applicant questions. Mr Ferguson, on behalf of his client, Mrs Munro, asked why the present vehicle was not safe. Mr MacPherson advised that he lost up to 17 days business per year due to the weather and he was worried his present trailer would get blown away in the wind.
Mr Ferguson asked Mr MacPherson if he was creating a situation where the public could enter his vehicle rather than stand outside and Mr MacPherson confirmed that this was correct.
Mr Ferguson referred to the size of the new vehicle and asked if this would be the size of a Royal Mail truck and asked if the public would be able to sit in to eat in the new vehicle. Mr MacPherson advised that this would not be the case.
Mr Ferguson asked if Mr MacPherson could give an indication as to the size of the vehicle and if this would be the same size as a West Coast Motors mail van. Mr MacPherson advised that the vehicle was 18 feet x 7.5 feet.
Mr Ferguson asked what the tonnage of the vehicle would be. Mr MacPherson advised that it had been downgraded to a van and was not a lorry.
Mr Ferguson asked if the vehicle would be the size of a 7 tonne truck like a West Coast Motors mail van. Mr MacPherson advised that the vehicle was 18 feet x 7.5 feet and would allow people to enter the van and that this would be safer for the public and that was the reason for requiring a bigger van.
Mr Ferguson asked if fuel would be carried and if it was diesel van. Mr MacPherson confirmed that the vehicle ran on diesel.
Mr Ferguson asked if the same products would be served as before and Mr MacPherson confirmed that this would be the case.
Mr Ferguson asked for confirmation that no food would be consumed in the vehicle and Mr MacPherson confirmed that this would be the case.
Mr Ferguson asked what type of fuel would be used to cook food and Mr MacPherson confirmed that he would use LPG Gas and electricity and that a generator would be used for the fridge.
Mr Ferguson queried again the size of the vehicle and Mr MacPherson advised that it was an 18 foot lorry.
Mr Ferguson then queried the ownership of the vehicle and who it was registered with. Mr MacPherson advised that he had the vehicle but it was registered in the name of Mr Charles MacLean.
Mr Ferguson asked if Mr MacPherson paid for the vehicle and referred to the contents of his letter of objection dated 9 September 2011 and the circumstances surrounding ownership of the vehicle. Mr MacPherson confirmed that he had paid for the vehicle and that he had not got round to registering it in his name. Mr MacPherson said the registered keeper did not need to the same person as the owner.
Mr Ferguson asked if Mr MacLean was his business partner and Mr MacPherson confirmed that Mr MacLean worked for him.
Mr Ferguson asked if the new vehicle had been paid for by Mr MacLean and Mr MacPherson replied no.
The Chair invited the Objector to speak in support of their objection. Mr Ferguson referred to the contents of his letter dated 9 September 2011 and stated that there were two issues of concern for his client who was a street trader herself. He advised that there was two Street Trader’s Licences in Campbeltown, one in the name of Mr MacPherson and one the name of his client, Mrs Munro, and that both traders operated in the same locations and at similar times. He also advised that there were four fast food outlets in Campbeltown and any expansion of this type of trade was not good in the current economic climate. He advised that the size of Mr MacPherson’s new vehicle, which would allow for people to enter and arguably eat in, put it in a different category to the current vehicle and it appeared that Mr MacPherson’s change of vehicle would significantly expand his business and would lead to consumption of food on the vehicle. He advised that Mr MacPherson did not answer well his questions regarding the size of the vehicle and stated that if pictures of the vehicle could have been provided this would have been beneficial. Mr Ferguson also referred to the background of Mr MacPherson’s existing Street Trader’s Licence and his proposed new one. He advised that the current vehicle was in the ownership of Mr MacLean and not Mr MacPherson and that the new vehicle was registered to Mr MacLean. He stated that it was he and his client’s belief that the new vehicle was bought and paid for by Mr MacLean and that it is Mr MacLean that runs the business not Mr MacPherson.
Questions to Objector
The Chair invited the Applicant to ask the Objector questions and Mr MacPherson confirmed that he had no questions for the Objector.
The Chair then invited Members to ask ... view the full minutes text for item 3.