Agenda item

To consider the attached report of the Licensing Team Leader.

The Committee considered an application by Mr Ben Palmer for permission to trade from a catering van on the grass that runs alongside Deal Promenade in front of Deal Castle. The application was to trade every day from 10.00am to 6.00pm and to sell ice cream, hot and cold beverages, hot food and cold snacks including sausages and burgers, cakes, wrapped snacks, confectionery, crisps, fruit, etc. Ms Dawn Champion of English Heritage was in attendance on behalf of Mr Palmer.

The Licensing Team Leader advised the Committee that following the 28 day consultation period, 34 representations had been received - 33 objecting and 1 in favour of the application. Councillor R J Frost, who was not in attendance at the meeting and in accordance with Council Procedure Rule 24.2 (iii), used his right as ward member to make representation at the meeting by submitting a statement that was read out at the meeting.

In accordance with the approved procedure Ms Champion presented her application to the Committee and sought to address some of the concerns raised by the objectors. Ms Champion acknowledged that the application was misleading in that it had not accurately explained the actual nature of the business. Contrary to what was set out in the application, Ms Champion confirmed that there was no intention to sell hot dogs, burgers and fried onions from the van and that this was therefore being withdrawn from the application. The food would be a high quality English menu compiled by English Heritage’s national catering team. There would be no deep fat fryer in the van although there would be a hot plate with a self-contained gas unit. Members were also advised that there would be no generator and that the only mechanical operational noise would be the van arriving and leaving the area.

English Heritage had considered different locations for the siting of the van within their grounds, including within the castle’s car park. The intention of the facility was to raise funds for Deal Castle and promote the English Heritage brand. It was a facility for the public and not just visitors to the castle and that siting the van within the car park would restrict its visibility to the public. Careful consideration had taken place so as to not harm the characteristics of the castle and as part of this consultation had taken place with Historic England over the colour and branding of the van – which would be dark grey with the English Heritage logo.

Members queried the use of the Captain’s Garden opposite which was within the ownership of English Heritage and that investment from Deal Town Council had previously been provided for a catering facility there. Ms Champion advised Members that it was not currently in use as it was not sustainably possible at this time.

Members were advised that the intention was for the van to be operational during the castle’s opening hours and that regular litter picking by the castle’s staff would take place hourly within the vicinity of the van and the castle’s grounds.

Members accepted the application had altered, by way of the removal of the burgers, hot dogs and fried onions offer, and that those changes may have allayed some of the objectors concerns in respect of noise and food smells.

In accordance with the approved procedure the Committee and the Contentious and Regulatory Lawyer withdrew to consider the application and upon returning it was

RESOLVED:   (a)     That, having considered the application and taken into account the removal of the sale of burgers, hot dogs and fried onions from the application and the objections with regards to that offer, the application for street trading consent be GRANTED subject to:

(i)           A member of staff must complete a litter pick of the immediate and surrounding area hourly and the litter to be disposed of by English Heritage.