Agenda Document Pack - Licensing Committee - 08/09/2022
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.
Page 1
Securing the future… • Improving services • Enhancing quality of life • Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 01/09/2022 A hybrid meeting of the Licensing Committee will be held in the Council Chamber on Thursday, 08 September 2022 at 10:00. If you have any queries please contact Committee Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Bailie Mike Williamson (Convener) Councillor Iain MacPherson (Vice-Convener) Bailie Chris Ahern Councillor Keith Allan Councillor Hugh Anderson Bailie Rhona Brock Councillor Steven Carr Councillor Eric Drysdale Councillor Ken Harvey Councillor David Illingworth Councillor Crawford Reid Councillor Willie Robertson Councillor Grant Stewart Page 1 of 58
Page 2
Page 2 of 58
Page 3
Licensing Committee Thursday, 08 September 2022 AGENDA MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE OF CONDUCT. 1 WELCOME AND APOLOGIES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE LICENSING COMMITTEE OF 3 AUGUST 2022 FOR APPROVAL (copy herewith) 5 - 6 4 NOTIFICATION OF PUBLIC PROCESSION FOR AUCHTERARDER RUNNING FESTIVAL- 10 & 11 SEPTEMBER 2022 Report by Head of Legal Services (copy herewith 22/205) 7 - 34 5 VARIATION OF CONDITION OF A STREET TRADER LICENCE - ST452 Report by Head of Legal Services (copy herewith 22/206) 35 - 58 APPENDIX 5 - SUBMISSION FROM APPLICANT (copy to follow) IT IS RECOMMENDED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED DURING CONSIDERATION OF THE FOLLOWING ITEM(S) IN ORDER TO AVOID THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973 P1 SUSPENSION OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD1507 • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. P2 CONTINUED SUSPENSION OF STREET TRADER LICENCE - ST396 • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. Page 3 of 58
Page 4
P3 GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE - TD2126 • Exempt Reason 14 - Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime. Page 4 of 58
Page 5
LICENSING COMMITTEE Minute of hybrid meeting of the Licensing Committee held in the Council Chambers, 2 High Street, Perth on Wednesday 3 August 2022 at 10.00am. Present: Bailie M Williamson (Convener), Councillor I MacPherson (Vice-Convener), Bailie C Ahern, Councillors K Allan, H Anderson, S Carr, E Drysdale, K Harvey, C Reid, W Robertson and G Stewart. In Attendance: M McLaren, D Gilkison, J Guild, A Taylor, A Brown and K Molley (all Corporate and Democratic Services), R Lyle (Communities) J Gordon, M Simpson and L Gregge (up to an including Item 4) (all Police Scotland). Apologies for Absence: Bailie R Brock and Councillor D Illingworth. Councillor M Williamson (Convener), Presiding. 1. WELCOME AND APOLOGIES The Convener welcomed all present to the meeting. Apologies for absence were noted as above. 2. DECLARATIONS OF INTEREST There were no declarations of interest in terms of the Councillors’ Code of Conduct. 3. MINUTES The Minute of Meeting of the Licensing Committee of 16 June 2022 was submitted and approved as a correct record. 4. PUBLIC ENTERTAINMENT LICENCE – OTHERLANDS, SCONE PALACE There was submitted a report by the Head of Legal and Governance Services (22/172) regarding a Public Entertainment Licence for Otherlands Festival, Scone Palace. Tom Ketley, Sam Joss, Rob Dudley, Yasmin Galletti di Cadhilhac of Otherlands Limited along with their Solicitor, Niall Hassard, and R Lyle on behalf of the Safety Advisory Group, attended the meeting, addressed the Committee and answered Members’ questions. Resolved: (i) The application for a temporary public entertainment licence by Otherlands Limited for an outdoor music festival at Scone Palace, Perth with conditions as set out in Appendix A to Report 22/172, be approved. (ii) Delegation to the Head of Legal and Governance Services, in consultation with the Convener of the Licensing Committee, to finalise any necessary adjustments to the conditions of the licence, be agreed. 3 Page 5 of 58
Page 6
5. LICENSING OF SHORT TERM LETS There was submitted a report by the Head of Legal and Governance Services (22/173) regarding the Licensing of Short Term Lets. D Gilkison, Licensing Manager, attended the meeting, addressed the Committee, and answered Members’ questions. Resolved: (i) The Head of Legal and Governance Services carry out a public consultation on the draft Short Term Let Policy Statement and schedule of fees as detailed in Appendix 1 of Report 22/173. (ii) The Head of Legal and Governance Services bring back a report with the final draft of the Police Statement, schedule of fees and public consultation responses to a future meeting of the Licensing Committee, prior to the Scheme coming into force on 1 October 2022. IT WAS AGREED THAT THE PUBLIC AND PRESS SHOULD BE EXCLUDED DURING CONSIDERATION OF THE FOLLOWING ITEMS IN ORDER TO AVOID THE DISCLOSURE OF INFORMATION WHICH IS EXEMPT IN TERMS OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973. P1. GRANT OF TAXI/PRIVATE HIRE CAR DRIVER LICENCE – TD2119 This item was withdrawn from consideration prior to the meeting. P2. CONTINUED SUSPENSION OF SKIN PIERCING AND TATTOOING LICENCE – SP97 There was submitted a report by the Head of Legal and Governance Services (22/175) together with a letter of objection dated 22 June 2022 from Police Scotland, regarding Immediate Suspension of a Skin Piercing and Tattooing Licence. The applicant failed to attend. The representative of Police Scotland addressed the Committee and answered Members’ questions. Resolved: Suspension of Skin Piercing and Tattoo Licence SP97 be continued for the duration of the licence, on the grounds that the applicant is not a fit and proper person to be the holder of a Skin Piercing and Tattooing Licence. Page 6 of 58
Page 7
. PERTH AND KINROSS COUNCIL Licensing Committee – 8 SEPTEMBER 2022 NOTIFICATION OF PUBLIC PROCESSION – 10 & 11 SEPTEMBER 2022 Report by Head of Legal Services (Report No 22/205) Name and Address: Fiona Watt Five Star Active Auchterarder 10 Kikfield Place Auchterarder PH3 1FP Reason for Report: The procession is proposed to take place in Auchterarder on Saturday 10 & 11 September 2022 at 10.30am. It is estimated around 250 - 500 people will take part. There is 1 objection to this application from TES Roads Network received 23 August 2022. List of attachments:- (1) The Notice of a Proposed Public Procession (2) Risk Assessment – Proposed Public Procession (3) Overview of Route Maps (4) Objection from TES Roads Network Management received on 23 August 2022. (5) Response from Police Scotland (6) Public Procession Conditions and (7) Public Processions Code of Conduct 4 Page 7 of 58
Page 8
Background Information: The Committee has three possible courses of action open to it in determining the notification in terms of the Civic Government (Scotland) Act 1982, Section 63. Option 1 – Accept the Notification as received. Option 2 – Accept the Notification and make an Order imposing Conditions such as those set out in attachment 5 to this report and any other conditions that the Committee considers appropriate. The conditions include provision for timing, route, compliance with Police instructions, litter disposal, marshalling and stewarding arrangements. A Code of Conduct (see attachment 8) detailing what is expected of organisers and participants can also be issued although this does not form part of the conditions of the Order. Option 3 – Reject the Notification and make an Order prohibiting the holding of the procession. Contact Officer: D Gilkison: Page 8 of 58
Page 9
4 Page 9 of 58
Page 10
Page 10 of 58
Page 11
Page 11 of 58
Page 12
Page 12 of 58
Page 13
4 Page 13 of 58
Page 14
Page 14 of 58
Page 15
Page 15 of 58
Page 16
Page 16 of 58
Page 17
Page 17 of 58
Page 18
Page 18 of 58
Page 19
4 Page 19 of 58
Page 20
Page 20 of 58
Page 21
Page 21 of 58
Page 22
Page 22 of 58
Page 23
Public Processions Code of Conduct All organisers should: provide 28 days notice to the Council of the intention to hold a procession; give notification as early as possible in those cases where a series of similar processions is proposed; co-operate with the Council and the Police from the time of submission of the notification of a procession until the procession disperses; identify himself/herself to the Police Officer in charge at the commencement of the procession; ensure that the route is as agreed with the Council; ensure that the number of participants does not exceed that stated in the notification; ensure that the procession commences promptly, at the time stated, and finishes at the time stated; ensure that all participants have been informed of any conditions imposed on the procession (change of timing, change to route etc); ensure anyone under the influence of alcohol and drugs is not allowed to participate; ensure an appropriate ratio of stewards and marshals to participants (one to ten) and that all stewards: are briefed by organisers and given guidance/instruction on their role prior to the procession; carry proof of status; co-operate with the Police as required; are highly visible and easily identifiable; conduct themselves in a proper manner; ensure that participants comply with directions regarding their own public safety and that of the public; ensure that, wherever possible, processions follow main roads, rather than going through residential housing developments; ensure that all participants keep to the near or left hand side of the street except on one-way streets where they will keep to the right side; ensure that the Police are assisted in guaranteeing that passage is allowed for traffic and pedestrians; ensure that, if necessary, the procession is split into sections in order to avoid serious dislocation of traffic and to facilitate the crossing of pedestrians who have a right of free access and passage to or through any public area; 4 Page 23 of 58
Page 24
ensure that all playing of music ceases when approaching and passing places of worship while services are in progress, as instructed by the Police; ensure all participants disperse as soon as the procession concludes; ensure that the behaviour of participants could not reasonably be perceived as being deliberately aggressive (ie threatening, abusive, homophobic, sectarian or racist); accept that he/she is responsible for the behaviour of all participants, including bands where appropriate (as well as followers) and for ensuring general compliance with the Council’s Code of Conduct on public processions and Police instructions; note that the conditions of Section 62 of the Control of Pollution Act 1974, in relation to the use of loudspeakers, shall be observed; note that the terms of the Public Order Act 1986, in relation to the prohibition of the wearing of uniforms signifying association with any political organisations etc, shall be observed; ensure that no banners or similar placards likely to incite a breach of the peace or contravene the Terrorism Act 2000 are displayed; note that the terms of the local byelaws, wherein force, in relation to the prohibition of the consumption of alcohol by any person in a designated place, shall be observed; note that the Council may take into account any public disorder, anti-social behaviour or damage to property resulting from a specific procession if notification is received from the organiser for a similar march. All participants in processions should: behave with due regard for the rights, traditions and feelings of others in the vicinity of the procession, particularly in areas where there has previously been public disorder around processions; behave with due respect at “sensitive” areas such as places of worship; refrain from using words or behaviour which could reasonably be perceived as being deliberately aggressive (ie threatening, abusive, homophobic, sectarian or racist); obey the lawful direction of procession organisers, stewards and the Police at all times; keep to the designated route as directed by the Police; refrain from consuming alcohol or drugs prior to or during the procession; not display banners or similar placards likely to incite a breach of the peace or contravene the Terrorism Act 2000; disperse in good order as soon as the procession concludes. Page 24 of 58
Page 25
Nicola Storrar From: Civic Licensing Sent: 24 August 2022 08:21 To: Nicola Storrar Subject: FW: Auchterarder Running Festival - 10 & 11 September 2022 From: Colin Heggie Sent: 23 August 2022 14:22 To: Shona Michie Cc: Brian Cargill Subject: RE: Auchterarder Running Festival - 10 & 11 September 2022 Hi Shona It is because runners gather on the road at and around the start area and block the free movement of traffic. I have witnessed this the last time the race took place. Regards Colin 4 Page 25 of 58
Page 26
Page 26 of 58
Page 27
1 Nicola Storrar From: Ian Colliar Sent: 18 March 2022 12:16 To: Civic Licensing Subject: CORE-DMS - DOCUMENT - #1061342 Attachments: PUBLIC PROCESSION FORM - ARF 2022 - 10-11 SEPT 2022.PDF 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. Standard non supporting Police Scotland letter to be sent to organiser due to event on public road. No objections 4 Page 27 of 58
Page 28
Page 28 of 58
Page 29
Close up of Start Point 4 Page 29 of 58
Page 30
Page 30 of 58
Page 31
1 Civic Licensing From: Five Star Active Sent: 24 August 2022 17:09 To: Civic Licensing Subject: Re: Public Procession - 10 September 2022 Attachments: 1b5d47cd-7cb0-4976-a2b0-e21931925368.jpg; e61ab599-711a-4e74-95d0- adf0f5d42dbf.jpg 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. Hi Nikki Many thanks for your email today regarding the Public Procession Order for ARF on 10/11 Sept. I wish to attend (will have to be remotely due to my day-job commitments) however please can I express my concern and anxiety around this matter considering this meeting is merely 48 hours before the event (of which I did put in the order paperwork in Feb 22). After I received an email from civic licensing on 27th July saying that I required a TTRO and to liaise directly with the Roads Department I attempted on numerous occasions (detailed on timeline below) to contact them and still, as of today 24 August, they have never communicated directly with me on this matter. Please find below the contact details to date…. • Received email from Civic Licensing saying I required a TTRO and to complete form and to liaise directly with roads dept – 27th July • Emailed Roads dept to ask for someone to call me urgently to discuss– 27th July • Called P&K Council (Case -FS-Case-440330942 ) and left a message for Roads to call me – they said they would get someone to call me back – 28th July • Emailed Roads dept with more info (please see email re information presented) and asked for someone to call me again to discuss – 28th July • Called P&K Council to chase up my phone call case – 2nd Aug – they put another note to roads - FS-Case- 441505709 • Emailed a chase up email to Roads Dep on 9th Aug I have made myself available for a chat with them to discuss their concerns, I really think this process could have been made less time-consuming and resource intensive if they had responded to my requests directly. It would also have alleviated the anxiety I now face. Whilst attempting to promote community participation in a local event bringing a positive health and wellbeing benefit, as well as attracting visitors to Auchterarder to enhance local economy I find the approach taken by the roads department to be uncollaborative and ultimately obstructive to meeting a number of the objectives of Perth and Kinross Council’s Corporate Plan, Fiona 4 Page 31 of 58
Page 32
2 Email sent to roads - Five Star Active to RoadsNetworkManagement Hi there I emailed yesterday and called today to try and contact someone to discuss the AUCHTERARDER RUNNING FESTIVAL. Please can someone call me urgently so we can discuss and agree course of action. To assist our discussions please see below info... As an event we have been operating for a number of years and have never before been asked for a TTRO so keen to understand the difference this year? Please find updated routes since writing and completing the Public Procession documentation in Feb 22 - as noted in the docs I sent these routes were provisional - since reviewing them and discussing with Scottish Athletics this has meant that now a large part of route is on common public paths and pavements. These routes have been assessed and measured from Scottish Athletics and they have now granted us license for running the event. Race numbers are being dramatically reduced since last time we run the event in 2019 (previously we had 750 each day and this year we are aiming for max 200 each day). We have never been required to undertake a TTRO for this event so would be keen to understand why suddenly the requirement of this for this year with less runners. If someone would please call me on . (attached – 10K and Half Routes) On Wed, 24 Aug 2022 at 09:45, Civic Licensing <civiclicensing@pkc.gov.uk> wrote: Good Morning, I refer to your notice of a proposed public procession referred to above and write to advise that the Council's Licensing Committee will consider your application at its meeting to be held in the Council Chambers, Council Buildings, 2 High Street, Perth, PH1 5PH on Thursday, 08 September 2022 at 10.00 a.m. Please see attached documents. Please reply by return, if you will be attending. Regards, Page 32 of 58
Page 33
3 Nikki Nicola Storrar Licensing Assistant Corporate & Democratic Legal & Governance Service 2 High Street Perth PH1 5PH 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.) 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. Page 33 of 58
Page 34
Page 34 of 58
Page 35
PERTH AND KINROSS COUNCIL Licensing Committee – 8 September 2022 VARIATION OF CONDITION 7 OF A STREET TRADER LICENCE– ST452 Report by Head of Legal Services (Report No 22/206) Name and Address: Trading Location: Michelle Maxwell 7 Finlay Road Callander FK17 8FB Grass area opposite Drummonds Hotel St Fillans Crieff Age: 43 years 9 Month Decision Date: 25 February 2023 Reason for Report: 4 objections have been received for this application as below. Gary Louden submitted an objection letter received 17 June 2022 (copy attached). Loch Lomond & Trossach submitted an email objection received 21 July 2022 (copy attached). Liam Cayless submitted an email objection received 21 July 2022 (copy attached) Jim O’Donnell submitted an email objection received 22 July 2022 (copy attached) 5 Page 35 of 58
Page 36
Background Information: The applicant has applied to Vary Condition 7 of their Street Trader Licence. Condition 7 states “a street trader shall not trade from any one location for more than one hour and shall move at least 100 meters away and shall not return to the previous location within one hour”. The applicant wishes to remain at the proposed location – Grass verge opposite the Drummond Hotel, St Fillans for more than one hour namely Monday to Sunday between the months of March to October and between the hours of 8am to 6pm. Copy of the Variation Application attached Page 36 of 58
Page 37
Copy of Standard Conditions of Street Trader attached Photographs of the site location attached. Contact Officer: D Gilkison Page 37 of 58
Page 38
Page 38 of 58
Page 39
5 Page 39 of 58
Page 40
Page 40 of 58
Page 41
Page 41 of 58
Page 42
Page 42 of 58
Page 43
5 Page 43 of 58
Page 44
Page 44 of 58
Page 45
Page 45 of 58
Page 46
Page 46 of 58
Page 47
Page 47 of 58
Page 48
Page 48 of 58
Page 49
5 Page 49 of 58
Page 50
Page 50 of 58
Page 51
Page 51 of 58
Page 52
Page 52 of 58
Page 53
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 5 Page 53 of 58
Page 54
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 Page 54 of 58
Page 55
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. Page 55 of 58
Page 56
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 Page 56 of 58
Page 57
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: Page 57 of 58
Page 58
2 EDINBURGH CALEDONIA FILM STUDIOS LTD Page 58 of 58