Agenda and draft minutes

The following Member declared an interest as indicated.

To consider the report of the Assistant Director Environment.

(Report circulated)

The Principal Licensing Officer presented the report informing Members of changes to licensing legislation introducing new functions to be carried out under the Scrap Metal Dealers Act 2013. The new Act repealed the Scrap Metal Dealers Act 1964 and Part 1 : Section 35 and paragraphs 1 and 2 of the Schedule in the Vehicle Crimes Act 2001.

Councillors Tippins and Choules arrived as this item was being presented.

RESOLVED that the report be noted.

(Report circulated)

To pass the following resolution:

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for items 5 to 7 on the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part I of Schedule 12A of the Act.

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for the consideration of the following items on the grounds that they involved the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part I, Schedule 12A of the Act.

To consider the report of the Assistant Director Environment.

(Report circulated to Members)

Councillor Tippins was present throughout the application in her role of objector to the application and did not take part in the debate. Councillor Tippins left the room when the Licensing Committee deliberated on this application.

The Principal Licensing Officer reported that Mr MA had applied for consent to street trade for a period of twelve months in Glasshouse Lane, a designated area under the provisions of the Local Government (Miscellaneous Provisions) Act 1982. Mr MA had not previously held consent to trade in any part of the City.

Mr MA, together with Mr IA attended the meeting, the latter speaking on Mr MA’s behalf in respect of this fast food business. Mr MA wished to sell fast food from a catering van and the hours requested were 16:00 hrs to 12 midnight Monday to Sunday. The original termination hour sought of 02:00 hrs was amended at the request of the applicant to 12 midnight.

The Licensing Solicitor advised that there was no requirement on Mr MA to amend the application to reflect what may have been granted in the Licensing Act 2003 application but Mr IA confirmed that they were happy to amend the application nevertheless. As the potential impact of the application was reduced by the amendment, the Licensing Committee accepted the amendment without requiring further consultation or advertising of the application.

A number of objections had been received on the grounds of possible noise, late night disturbance, smells and litter. There were concerns that serving food late at night could attract over night or late night drivers of taxis and large vehicles driving through the estate. Because of the intention to trade late at night there were significant fears from residents regarding anti-social behaviour. Residents stated that the area was residential and therefore unsuitable for late night trading.

Mr IA, responding to the objections, advised that the business was run very professionally having operated vans in Reading as well as Exeter for some 20 years in total, the other Exeter location being at St. David’s Station. The latter food business had received a five star environmental health score. The Police had not objected to the current application. The vans were fitted with modern equipment and smell would be eliminated by the use of industrial charcoal filters. Before and after photos of the streets would be taken to show that the area was kept tidy after trading.

Responding to Members’ questions, Mr IA advised that a van and one other vehicle would be used, the latter utilised to transfer supplies etc. to and from the other van as well as transporting staff to the nearest toilet facility if required. Mr IA acknowledged that it was possible that the allotted parking space could be occupied by other vehicles at times which would prevent trading if there was no space for the van. With regard to litter, most customers eat the produce in their vehicles or drove away. Bins were provided adjacent to the van and signs discouraging littering were  ...  view the full minutes text for item 21.

To consider the report of the Assistant Director Environment.

(Report circulated to Members)

Councillor Newby left the Licensing Committee having heard the application but before deliberation of the application commenced.

RESOLVED that Mr and Mrs MK’s application be refused.

(Report circulated to Members)

To consider the report of the Assistant Director Environment.

(Report circulated to Members)

RESOLVED that Mr SH’s application be refused.

(Report circulated to Members)

The Assistant Director Environment reported that an application had been received for a sexual entertainment venue licence which would most likely be considered at the next meeting of this Committee on 19 November 2013.

The Chair announced that there would be a meeting of the Taxi Forum on Wednesday 13 November 2013 at 10am. All Members were invited to attend.