Appendix 4 - Objection Letters
Perth and Kinross Council · 8 September 2022
Back to Licensing Committee — 8 September 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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n , 2o 9) 3 E K n H U 3 ,_. \l \ O3 \ N O NN O 00 '4; E? 3 14 June, 2022 Head Of Legal Services Chief Executive - Legal Perth and Kinross Council Pullar House 35 Kinnoull Street Perth PHI SGD ' _ . Dear Sir or Madam 7 Re : Street Trader Licence Frothy Cow c/o Drummond Hotel PH6 2ND I The granting of this licence would seriously undermine a vital village resource namely the current Village Store which operates on an all year round basis serving the local community. The opening of this mobile coffee unit with its lower operating overheadé duringthe peak 'visitor season will impact footfall at the existing shop and may have a substantial impact on its curreht pro}401tabilityand therefore its ability to operate a year round service for the bene}401tof the village. ' ' - ' We were led to believe by the Drummond Hotel that this niobile coffee shop would be operated in conjunction V with their water sports activities which were to take place at the hotel foreshore and this I can understand as the water sports attracts its own footfall and therefore its impact on the shop would be minimal. However the water sports activities have been moved back to their original site on the South Side of the Loch and they also have a small coffee outlet situated there. The current pro}401osalbrings no bene}401tto our village and could have a serious long024termimpact on facilities available to locals on an all year round basis. I therefore object to this proposal. Yours Sincerely Eamgrove Cottage St Fillans PH6 2ND
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1 Civic Licensing From: Jennifer Paton Sent: 21 July 2022 08:18 To: Civic Licensing Subject: RE: Street Trader Licence for Michelle Maxwell at St Fillans Follow Up Flag: Follow up Flag Status: Flagged Morning Thank you for your consultation on this licence application. I can confirm that under the Town and Country Planning (Scotland) Permitted Development Order that planning permission would be required to site the snack van in this location. I can confirm that there is no planning permission for this use. Class 15. The use of land (other than a building or land within the curtilage of a building) for any purpose, except as a caravan site or an open air market, on not more than 28 days in total in any calendar year, and the erection or placing of moveable structures on the land for the purposes of that use. Having regards to the above please accept this is a formal objection to the proposal. Kind regards Jennifer Paton From: Civic Licensing <civiclicensing@pkc.gov.uk> Sent: 19 July 2022 16:01 To: Jennifer Paton Subject: RE: Street Trader Licence for Michelle Maxwell at St Fillans Good Afternoon, Thanks for your email. Can you please confirm if you are making a formal objection or representation to this application. Can you please also confirm if the applicant was to site her van at this location for a period of 28 days or less, if planning permission would be required from the Loch Lomond & Trossachs planning department. Regards, Nikki Nicola Storrar Licensing Assistant Corporate & Democratic Legal & Governance Service 2 High Street Perth PH1 5PH
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2 01738 475180 www.pkc.gov.uk (Please note the information I am able to provide is strictly guidance not legal advice, I would recommend you seek your own independent legal advice.) From: Jennifer Paton < Sent: 19 July 2022 15:24 To: Civic Licensing <civiclicensing@pkc.gov.uk> Subject: Street Trader Licence for Michelle Maxwell at St Fillans CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. Thank you for consulting with the National Park Planning Authority on the application for a Street Trader Licence in the layby opposite the Drummond Hotel St Fillans. I can confirm that there is no planning permission in place for such a use. It is unlikely that the Park Authority would support such a proposal in this location which is in the St Fillans Conservation Area and within the setting of a category c listed building. The photographs show a coper beach tree which may be affected by parking underneath it. This proposed location would impact upon the landscape qualities of the National Park. Transport Scotland would need to be consulted regarding access to the proposal and a good waste management strategy would need to be in place. I hope the above is of assistance in considering the application for a licence, Kind regards Jennifer Paton The information in this email is solely for the intended recipients. If you are not an intended recipient, you must not disclose, copy, or distribute its contents or use them in any way: please advise the sender immediately and delete this email. Perth & Kinross Council does not warrant that this email or any attachments are virus-free and does not accept any liability for any loss or damage resulting from any virus infection. Perth & Kinross Council may monitor or examine any emails received by its email system. The information contained in this email may not be the views of Perth & Kinross Council. It is possible for email to be falsified and the sender cannot be held responsible for the integrity of the information contained in it. General enquiries to Perth & Kinross Council should be made to enquiries@pkc.gov.uk or 01738 475000.
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Civic Licensing From: Liam Cayless Sent: 21 July 2022 11:06 To: Civic Licensing Cc: Jim O'Donnell; ; Clare Allen; Subject: RE: Street Trader Licence and Variation to Condition 7 - St Fillans Good morning. Reference the email below. My objection to the siting of a mobile snack wagon is based on its distance to my business. St Fillans Village Store Car Park is immediately adjacent to the proposed siting and therefore not outwith the 100 metres distance. I have forwarded your response to the National Park and am awaiting their confirmation on your suggestion that planning consent is not required if they intend to trade less than 28 days per year. I have checked the Park website and a yet there is no record of a planning application. Assuming this does not materialize it is apparent they intend to trade using the 28 day ‘loop hole’. I assume this clause was added to the licence to enable traders to pitch at short term events (festivals, concerts etc) with a finite time span. Again, assuming this is the case its obvious that this is not the intention on this occasion. Is it within the licensing committees power to refuse a licence if they believe there is an intention to breach its conditions? Who will police the 28 day trading period? What action will be taken in event of breach of licensing conditions? You mention ‘stakeholders’ in a earlier email. Who would they be in this case? Can you confirm if you have been in contact with St Fillans Community Council on this issue? Would they be considered stake holders? I look forward to hearing from you. Many thanks in advance. Liam Sent from Mail for Windows
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1 Civic Licensing From: Jim O'Donnell Sent: 22 July 2022 00:51 To: Civic Licensing Subject: FW: Street Trader Licence on the Drummond Hotel site - St Fillans Follow Up Flag: Follow up Flag Status: Completed CAUTION: This email originated from an external organisation. Do not follow guidance, click links, or open attachments unless you have verified the sender and know the content is safe. Dear Sirs, I reside at Kirklea St Fillans PH6 2 NF in the Village of St Fillans. I have investigated the information that is available ref the application for a Street Trader Licence for a Mobile Snack Wagon in the area of the Drummond Hotel St Fillans. I have lived in St Fillans for 15 years. St Fillans is a conservation village within the National Park and this sort of vendor is neither in the keeping of the Village nor does it provide a required or welcomed service to the Villagers . There will be a negative impact on the Village shop that depends upon the use by visitors. The shop has its own car park and amenities within 50 meters of the proposed licence siting and I believe that a snack van will dimmish the village shops already struggling sustainability. This proposed licence is no more than an opportune use of a derelict Hotel area and adds no real service or intrinsic value to the Village. I take this opportunity to object to the granting of this licence. My objections are predicated as follows: 1. The Drummond Hotel has been closed, as a Hotel, and for the lats six years but was operated by the Crieff Hydro Water sports department last year. During the last seasons use there was on road car parking, litter and waste from day trip users. 2. A stationery snack wagon positioned in the Hotel car park or loch side will increase the pedestrian numbers at a blind bend on the road ( A 85 ) increasing the likelihood of traffic accidents. 3. There is no public amenities such as toilets available for users of this type of vendor. 4. My interpretation of the licencing regulations is that a snack van is one that moves not one that is stationery , and if it is stationery and open only at weekends during the summer season then there is, in my belief , no sustainable added amenity or service to the Villagers only an increase in noise , litter, cooking smells all of which inhibit the reasonable enjoyment of the residents within 100 meters of the advised site. 5. There is an alternative site in the layby outside the Public Toilets some 1500 meters further along the A 85 . I would appreciate confirmation of receipt of my objections . Thank you. Best regards, Jim O’Donnell Development Director Tel:
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