Agenda item

Mr Raviv Hadad – Falfeleat Mobile Bike

Amelia Byres, Senior Licensing Officer, introduced the report as circulated with the agenda.  An application had been received from Mr Raviv Hadad for a street trading consent to sell deli items such as breads, traditional pastries, falafel mix, harissa dressing, aubergine dip, tahini sauce and other traditional cooked salad from a mobile trike at two locations.  It was proposed that the trike would be located on the High Street outside Monsoon and Warehouse, location one, for the majority of the year.  During the Christmas period this location had historically been occupied by a hot food unit operated by Mrs Ellen Danter and a licence had already been granted for this to continue in 2013.  As such, it was proposed that the mobile trike would be located on the High Street outside Thomas Cook, location two, during the Christmas period only.  If Members were minded to grant a licence to Mr Hadad, this would only be valid until 31 March 2014 as all street trading consents must be reapplied for annually on 1 April.

In response to a query, Amelia Byres confirmed that Mrs Danter had been granted a licence which allowed her hot food unit to be situated outside Monsoon and Warehouse until 31 December 2013.  The van would be open to trade between the hours of 09:00 and 18:00 with the exception of Thursdays when this was extended to 21.00 hours to coincide with late night shopping.

Mr Hadad attended the meeting and spoke in support of his application.  He explained that, when he had started thinking about the venture two years earlier, he had tried to consider it from a licencing point of view and had been as accommodating as possible.  He had been in discussions with the licensing department about the location of the trike and he believed that it was acceptable in terms of the regulations for emergency vehicle access routes etc.  As a small operator he did not have the resources to launch a big marketing campaign and he relied heavily upon footfall and exposure which he felt would be optimum at the proposed locations.  His trike was attractive, clean and non-polluting and he felt that he would be able to offer something innovative which was suitable for all. 

Members were invited to ask questions of the applicant, during which the following points were raised:

·        A Member queried how the food would be kept hot and Mr Hadad confirmed that hot food would be cooked to order using a gas heater.  He would not be using a generator.  The size of the cooking area was minimal and, although he used a fryer, he provided assurance that smells would only arise if the oil being used was old or rancid.  The smells would be no worse than those produced by a café, particularly as the cooking would be done in the open air. 

·        A Member questioned how Mr Hadad intended to keep the trike clean and tidy to comply with health and safety regulations.  Mr Hadad indicated that he had a 60 litre foldable bin which would stand next to the trike.  The trike had been carefully designed with a tap underneath which would allow the cooking oil to be emptied and replaced at the end of each day.  There were no hand washing facilities on the trike as there was no water, however, he had a chemical towel and single use gloves.  Mr Hadad referred to the fact that he would be subject to a health and safety assessment by Cotswold District Council and the Senior Licensing Officer confirmed that any premises carrying out food operations, including mobile or temporary premises, had to be registered with the local authority where the food would be stored and, if it was a mobile premises, where this would be located overnight.  As Mr Hadad lived within Cotswold District, he would need to apply to Cotswold District Council for food registration. 

·        A Member noted that concern had been raised by objectors that the umbrella over the trike would reduce visibility of the shop fronts and he questioned whether Mr Hadad would consider decreasing the size of the umbrella to minimise this impact.  Mr Hadad indicated that he had thought carefully about this and he had submitted photographs to illustrate its size.  The umbrella needed to be a certain size to ensure that it complied with regulations in respect of cooking with oil.

·        In response to a query regarding how the trike would be stocked, Mr Hadad explained that he would load his trike at the beginning of each day with as much stock as he could comfortably cycle with.  Deliveries would take place between 8:00 and 10:00 hours so he intended to start trading from 11:00 hours each day.

·        A Member questioned whether Mr Hadad had used the trike in other locations and he confirmed that he had taken it to several charity events and farmers’ markets.

·        In response to a comment that the trike might lose its appeal if it operated 365 days per year, Mr Hadad expressed the view that the trike was simply a tool which allowed him to sell his produce to a wide range of people.  He did not feel that the food would lose its appeal if people liked it and he hoped that he would attract repeat customers who would expect the trike to be in the same location, as with any other restaurant or supermarket.

·        Several Members raised concern regarding the location of the trike.  In response to a query as to why he had applied for two separate locations, Mr Hadad explained that he had opted for the location outside Monsoon and Warehouse mainly because of the higher footfall.  Whilst he was happy with the second location outside Thomas Cook, he felt that he would attract more customers at the first location, given that a van selling hot food had successfully traded there for 12 years during the Christmas period. A Member raised concern that the second location was a very busy corner for both pedestrians and traffic as it was directly opposite the Regent Arcade and he did not feel that it was an appropriate location for the trike.  A Member was of the view that the proposal would bring something new and exciting to Cheltenham which would enhance the streetscene, however, he did not feel that location one was acceptable given the close proximity to Monsoon and Warehouse which both sold clothing.

·        In response to a query regarding the photographs of the trike outside Monsoon, which had been circulated separately as part of the supporting evidence, the Senior Licensing Officer explained that these were for illustrative purposes and did not show the trike in the exact place where it would be located should the licence be granted; in the photographs the trike was positioned directly in the emergency vehicle route.  Mr Hadad agreed that the location of the trike was not completely accurate in the photographs.

John Forward, Regent Arcade Manager, had attended the meeting to speak in relation to his representation against the application.  He explained that Canada Life, which owned the Regent Arcade, had spent a considerable amount of time and money developing the Arcade; this had included seeking planning consent which had come with very detailed conditions in relation to design and the materials which should be used.  He believed that the conditions had been successfully adhered to and that the new design would add a lot of value to Cheltenham.  He explained that there were six food outlets within the Regent Arcade, three of which were ‘fast food’ offerings which were similar to that proposed by Mr Hadad.  It was very difficult for retail businesses to survive in the current economic climate and they all relied heavily on footfall.  Whilst he was supportive of fair competition on a level playing field, he did not feel that a street trader should be allowed to open up in direct competition to businesses which were paying significantly higher business rates for units within the Regent Arcade.  He questioned whether Mr Hadad would be trading when it was cold and wet as all his retailers had to do.  Street trading had a major impact on other retailers and he felt that, granting a licence to Mr Hadad to trade in that location would give him an unfair advantage.

In response, Mr Hadad indicated that there were advantages and disadvantages to every business.  If the Committee granted him a licence he would pay his fees and he intended to trade in all weathers.  The photographs he had provided showed that his trike was not very large and he did not think that it would be in competition with the other food offerings in the area and that it would help to generate more interest in the town which would benefit everyone.  Street food was becoming increasingly popular in cities such as Copenhagen, Stockholm and London and he felt that there was no reason why it would not be a success in Cheltenham.  Mr Hadad also pointed out that traders paid high rates for a location in the Regent Arcade and not all of that money went to the Council in the form of business rates.  He had considered moving into an empty unit when he had closed his restaurant two years earlier, however, this was not financially viable for him.  He went on to reiterate that he had carefully chosen the proposed locations for his trike.

In response to a Member query as to the fees paid by street traders, the Senior Licensing Officer confirmed that this varied depending on the number of days the licence had been granted for, however, they would be in the region of £4,000-5,000 based on an application to trade for 365 days per year.  She explained that she did not know how much the retail units paid in terms of business rates..

A Member indicated that he could not support Mr Hadad’s proposal in this location and that he was not comfortable with him trading for 365 days per year.  Whilst it was an innovative idea, he did not feel that it would enhance the Town Centre.  Mr Hadad understood these concerns but he asked that the Committee give him a chance as he believed that the business would work well.  If a licence was granted by the Committee, it would only be valid until 31 March 2014, at which point there would be an opportunity to review its success.

Members adjourned from the Chamber to consider their decision.

[BA1] 

Members returned to the Chamber and, upon a vote it was (3 against)

RESOLVED that Mr Hadad’s Street Trading application be approved at one location only, on the High Street outside Thomas Cook, until 31 March 2014 as Members were satisfied that the trike would positively enhance Cheltenham as a tourist and retail destination and would not have a negative impact on the conservation area.  Members requested that any new application be brought to the Licensing Committee for determination even if no objections were received.