Agenda and minutes

Apologies for absence were received from Councillors Mary-Jean Devon, George Freeman, Audrey Forrest, Graham Archibald Hardie and Roderick McCuish.

There were no declarations of interest.

Report by Head of Legal and Regulatory Support

The Chair welcomed everyone to the meeting and introductions were made.  He then outlined the procedure that would be followed.

 

The Council’s Solicitor, Mr McMillan, advised that a representation from Rachel Hughes and an objection from Margaret Colville had been received out with the time period allowed by the Civic Government (Scotland) Act 1982 for making objections or representations and advised that it would be competent under Paragraph 3(2) of Schedule 1 to the 1982 Act for the licensing authority to entertain a late objection or representation if they were satisfied that there was sufficient reason for it not having been made within the time allowed.

 

Mr McMillan advised that both Ms Hughes and Ms Colville were invited by letter to explain why their representation and objection had been submitted late and that no response had been received.

 

The Chair sought the views of Members as to whether or not this late representation and late objection should be taken into consideration.

 

The Committee agreed not to take this late representation and late objection into consideration.

 

Mr McMillan then advised that a further late objection dated 19 October 2019 had been received after publication of the Agenda for this hearing from Tim and Ann Saul.   Mr McMillan advised that the objectors were unable to attend the hearing today but had explained in an email that the reason for their late objection was because they had been away on holiday and had missed notification of this application.  They advised that they had only become aware of the application when the Agenda for this meeting was published.

 

The Chair sought the views of Members as to whether or not this late objection should be taken into consideration.

 

Motion

 

To agree to take the late objection into consideration.

 

Moved by Councillor Richard Trail, seconded by Councillor Lorna Douglas

 

Amendment

 

To agree not to take the late objection into consideration.

 

Moved by Councillor Rory Colville, seconded by Councillor Alastair Redman

 

The Motion was carried by 5 votes to 4 and the Committee resolved accordingly.  A copy of the late objection from Tim and Ann Saul was circulated.  A list of the standard conditions for Street Trader Licences was also circulated for information.

 

The Chair then invited the Applicant to speak in support of his application.

 

APPLICANT

 

With the aid of an interpreter Mr Basim-Altinawi described the types of food he would sell and the locations where he was applying to trade from.  He pointed out that negative responses from local businesses were very common.  He explained that in general people have encouraged him to go ahead.  He advised that most of his food would be vegetarian based.  Referring to the objections received he said that he would not park anywhere that would affect other shops.  He said that he did not wish his business to affect other businesses.  He confirmed that he would be happy to respond to any questions.

 

OBJECTORS

 

Ms Crowe referred to the objection dated 19 September 2019 which had been submitted by Wm Skelton and Co on behalf of Colin Brooks, the proprietor of the Electric Bakery.  She advised that his objection was based on two points.  The first of these was in respect of the right to trade from the access road behind Squat Lobster.  She advised that the Council gardens there had become a welcome feature of the town centre and there was a concern that having a van situated there would have an adverse effect on the amenity of the area due to an increase in rubbish and waste which, she said, would want to be avoided given the attractiveness of the area.  She advised that the gardens were well maintained by the Council and their appearance was a contributory factor in the repeated success of Bute in Bloom which was awarded a Beautiful Scotland Silver Gilt Award.  She advised that the presence of a van in this area would have a detrimental effect on the area and a detrimental effect on existing nearby businesses offering carry out food. She said that this would lead to an overprovision of carry out outlets in the area especially between the hours of 9 am – 5 pm.

 

She advised that the second aspect of the objection related to the right to trade on High Street.  She pointed out that it was not clear from the information that had been provided where on the High Street the van was applying to trade.  She advised that it was not clear if it was for the whole street or for just part of the street.  She advised that there would only be an objection if this included the area between Victoria Street and Castle Street.  She referred to there being limited car parking at this area and that there would also be access issues for emergency vehicles at this location.  She also referred to numerous existing business which supplied carry out food between 9 am and 5 pm and advised that this section of the High Street was not suitable for the conduct of a mobile hot food carry out business as it would cause an overprovision.

 

MEMBERS’ QUESTIONS

 

Councillor Colville sought and received clarification from Mr McMillan that the Isle of Bute was not classed as an economically fragile area but the town of Rothesay was and, therefore, exemption from condition 17 did not apply in this case.

 

Councillor Colville sought and received confirmation from the Applicant that he was applying for two licences – one for a permanent location and the other for various locations.  He advised that the permanent location would be near to the ferry.

 

Councillor Colville asked the Applicant if he was aware that if he was applying to trade at a permanent location this would be planning permission for the site and not for planning permission for one particular person.  He pointed out that this meant anyone could use the site.  Mr Basim-Altinawi advised that it was his understanding that no one else was going to use  ...  view the full minutes text for item 3.