Will street trader be skittled?

TOWN Hall licensing chiefs have to resolve a dispute over a street trader’s town centre kiosk alleged to be out-of-character with the “skittles” street art.
The Fasta Pasta kiosk – which sells pasta, paninis and hot and cold drinks – cost more than £23,000 and was accepted by the borough council in 2002 as part of an overall vision for a “continental style atmosphere” in the streets.
But a number of complaints were received when the kiosk was introduced in 2003 – and a resident has now lodged an objection to the trader’s street trading licence being renewed.
Following repeated complaints, the kiosk was relocated to Town Hill in April this year – but was moved back to Market Gate the following month after the trader experienced a sharp decline in business.
A report to next week’s licensing committee admits that the council had control over the design of the kiosk to ensure the aesthetics of the street art scheme were not adversely affected.
But it also admits that the impact on the “skittles” – officially known as The Guardians – is probably greater than perceived when the original consent was granted.
“There is no doubt that it has a detrimental impact on the visual amenity of the purpose built art features,” the report states.
Two possible alternative sites for Fasta Pasta have been identified – one the already rejected site in Town Hill and the other in Bridge Street, between the Hancock and Wood store and the Yorkshire Building Society.
This would be acceptable to the trader but would be subject to consultation with local businesses.
The council has power to revoke consent for the kiosk, but the trader could appeal to the Magistrates’ Court which could rule against the council.
There are also implications for the trader’s human rights.
The European Court of Human Rights has applied a test of “fair balance” between the general interest of the community and the protection of the individual’s rights.
Licensing chiefs will have to decide whether relocating Fasta Pasta can be justified in pursuance of the general or public interest.
The committee will be asked whether it wishes to renew the trader’s licence – and, if not, whether to offer an alternate location.
Pictured: The skittles…are they aesthetically challenged by a pasta kiosk?