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Item 5 - Grant of Principal Street Traders Licence - continued - Michael Gardiner

West Dunbartonshire Council · 3 December 2025
Back to Licensing Committee — 3 December 2025 and its agenda

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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer – Regulatory & Regeneration
Licensing Committee – 3 December 2025
Subject: Application for grant of a Principal Street Trader’s Licence
1. Purpose
1.1 To consider an application for the grant of a Principal Street Trader’s Licence
submitted by Mr Michael Gardiner, 21 Queens Gardens, Anstruther, Fife KY10
3BU.
2. Recommendations
2.1 It is recommended that the application be considered and determined by the
Committee.
3. Background
3.1 Mr Gardiner submitted an application for the grant of a Principal Street Trader’s
Licence to the Council on 30 July 2025.
3.2 Mr. Gardiner intends to operate a Fish Van on Thursdays between 8.00 am and
4.00pm in various area throughout West Dunbartonshire.
3.3 One of the areas in which Mr. Gardiner intends to operate is Bowling beside the
Village Shop at 134 Dumbarton Road, Bowling.
3.4 A letter of objection was received from Mrs. Christine Bowman, an existing
holder of a Principal Street Trader’s licence, on 28 August 2025 in connection
with the application.
3.5 In terms of the relevant legislation, an objection with respect to an application
should be submitted within 28 days of receipt of the application. As Mr.
Gardiners’ application was received on 30 July 2025, any objection should have
been submitted by 27 August 2025. There is, however, provision in the
legislation for the Licensing Authority to entertain a late objection which has
been received before a final decision has been made. The Licensing Authority
must be satisfied that there is sufficient reason why the objection had not been
submitted in the time required having heard from the applicant and the objector.
3.5 At the meeting on 8 October 2025, it was noted that the applicant had requested
a continuation as he was unable to attend on the day. It was agreed that
consideration of the application be continued to the next meeting in order that
the applicant may be given a further opportunity to appear before the
Committee.

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4. Main Issues
4.1 The letter of objection (Appendix 1) was submitted by Mrs. Christine Bowman,
who has held a Principal Street Trader’s Licence for over 30 years also
operating a Fish Van. Mrs. Bowman’s licence lists Dalmuir, Bowling and Old
Kilpatrick as the areas in which she operates Monday to Friday between 9.00am
and 5.00pm.
4.2 Within the standard conditions relating to Principal Street Trader’s Licences it
states:-
17. Except as otherwise directed by the Council, no Street Trader shall engage
in Street Trading within 150 meters of any establishment or premises in which
are sold or offered for sale any goods or articles of the same or similar class and
description as those to be sold or offered for sale by the Street Trader.  The
Council may in their sole discretion and on application, direct that the terms of
the Condition shall not apply to a particular Street Trader in a particular Street or
locality or area.  Such a direction by the Council shall not be effective until it is
endorsed by the Strategic Lead - Regulatory on the licence.
4.3 There is no other relevant policy in place surrounding the restriction of operation
for Street Trader’s.
4.4 There are no objections or representations from Police Scotland.
4.5 The terms of the letter containing the objection from Mrs. Bowman will be made
known to the Committee at the meeting should Members determine to entertain
the late objection.
4.6 Both the applicant, Mr Gardiner, and the objector, Mrs. Bowman, have been
invited to attend.
5. People Implications
5.1 There are no personnel issues.
6. Financial Implications
6.1 There are no financial implications
7. Risk Analysis
7.1 There is no increased risk to the Council associated with the contents of this
report.
8. Equalities Impact Assessment (EIA)
8.1 No impact assessment is required because this report does not involve any

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change to policies or services or financial decisions.
9. Consultation
9.1 Police Scotland were consulted in relation to the application.
10. Strategic Assessment
10.1 In terms of the Council's Strategic Priorities, the purpose of licensing is to ensure
our Communities are Resilient and Thriving.
Chief Officer – Regulatory & Regeneration
Date 6 November 2025
Person to Contact: Robert Mackie,
Senior Officer (Licensing Section),
Licensing Team,
Municipal Buildings,
College Street,
Dumbarton,
G82 1NR.
Tel. No. (Direct line) 01389 738741
robert.mackie@west-dunbarton.gov.uk
Appendices: Letter of objection submitted by Mrs. Christine Bowman.
Background Papers:
1. Application for grant of a Principal Street Trader’s Licence submitted by Mr
Michael Gardiner, 21 Queens Gardens, Anstruther, Fife KY10 3BU.
2. Letter to Mr Gardiner dated 14 November 2025.
3. Letter to Mrs Bowman dated 14 November 2025.
Wards Affected: N/A.