Agenda item

            The Committee was advised that competing applications had been received from three persons wishing to trade from a designated site in Fountain Street.  The Building Control Manager reviewed the applications and outlined the process for the Committee to grant one of the following applicants the pitch.

            He advised Mr. S. Donnelly, had applied to sell tour tickets and tour memorabilia. The proposed times of trading were Monday to Sunday from 9.00 am to 5.00 pm. Mr. Donnelly proposed to use a stall on wheels measuring 3m by 1.5m.

            He reported that the second applicant, namely, Mr. F. Brown, was seeking to sell bespoke street signs, arts and crafts and bus tour tickets from a trailer measuring 3m by 1m designed to replicate a City Sightseeing tour bus. The proposed times of trading were Monday to Sunday from 9.00 am to 9.00 pm.

            He informed the Members that the third application had been submitted by Mr. M. Kerr, who had applied to sell wrapping paper, cards, confectionery, hot and cold beverages, lighters, toys, bus tour tickets, taxi tour and other tour tickets available, souvenirs, jokes, flowers, plants, e-cigarettes and accessories, hats and gloves, novelty and occasion accessories, and seasonal goods from a traditional market stall measuring 3.65m by 2.44m. The proposed times of trading were Monday to Sunday from 8.00 am to 10.00 pm. Mr Kerr’s stall would measure 3.65m by 2.44m, which would be larger than a normal City centre pitch of 3m by 1.5m.

            The Committee was informed that the three applicants were in attendance in order to outline their proposals for the site.

Applicant 1

            Mr. Donnelly, Director of Titanic and City Tours, informed the Committee that they were a local company and had been in business for 10 years. He advised that they didn’t have another outlet to sell their tour tickets outside of Visit Belfast. He indicated that a stall would decrease the confrontation of ticket sellers in the City Centre. He believed that a stall would benefit their company and assist with fair trading as competitors had multiple stalls around the City Centre. He advised that they intended to sell bus tickets and memorabilia in relation to their Game of Thrones Tour, Giants Causeway Tour and City Tour.

            Mr. P. Rogan, Manager of City Tours, stated that the option to manage a stall would benefit their company, staff and the visitors to Belfast as it would be an information source. He advised that, if successful, they planned to be open 362 days per year and would be committed to helping Belfast City Centre visitors.

            During points of clarification, Mr. Donnelly confirmed that they would be selling tour tickets, t-shirts, hats and seasonal offerings and felt that as other tour companies had other ticket stalls, it would be likely that they would only sell their own tour tickets unless reciprocal agreements were put in place, however, they would be interested in selling walking tours and bike tours.

Applicant 2

            Mr. F. Brown, who was then admitted to the meeting, explained that he had held a Stationary Street Trading Licence since January, 2007, in Lombard Street near the junction with High Street. He advised that he had a 100 per cent attendance record and wished to open another small stall on Fountain Street as an information stall, selling tours. He suggested that, if the application was successful, it would create a full time job for his son.   

Applicant 3

            Mr. M. Kerr, the third applicant, was thereupon welcomed to the meeting.

            The Democratic Services Officer read a letter which Mr. Kerr had prepared in relation to the family history of the stall. It stated that his family had previously worked the pitch and it had sentimental value to Mr. Kerr. It was reported that Mr. Kerr was very familiar with the site and would like the opportunity to build up his business again.

            Mr. Kerr indicated that he wished to sell all types of tours, souvenirs and seasonal stock. He pointed-out that he was currently unemployed and if his application was successful, it would provide him with an income to support his family.

            After discussion, the Committee, in its capacity as Licensing Authority, agreed, in view of the fact that he did not hold a Stationary Street Trading Licence currently and that he proposed to sell a mix of products,  that it was minded to grant to Mr. S. Donnelly, a Stationary Street Trading Licence, on a one-year trial basis, permitting him to sell tour tickets and tour memorabilia on a Monday to Sunday between the hours of 9.00 a.m. and 5.00 p.m., in Fountain Street, at a site which had been designated previously for the sale of those commodities, subject to:

                                      i.          the applicant providing all necessary documentation;

                                    ii.          the receipt of the appropriate licensing fees; and

            As a consequence of the decision to grant the Licence to Mr. Donnelly and the fact that there was only one designated site available, the Committee agreed that it was minded to refuse the applications which had been submitted by Mr. Brown and Mr. Kerr, on the grounds set out in Sections 9(1) (a) (i) and (iv) of the Street Trading Act (Northern Ireland) 2001, namely, that the location at which they wished to trade was unsuitable and that there were sufficient traders trading at that location in the articles, things or services in which they wished to trade.

            The Building Control Manager informed the Members that the unsuccessful applicants would be advised that, in accordance with the Street Trading Act (Northern Ireland) 2001, they would be permitted to make written representation to the Council within twenty-one days from the date of notice.