Agenda and draft minutes

Venue: Legislation has been passed that allows Council's to conduct Committee meetings remotely

Contact: Mark Devin, Democratic Services Officer (Committees)  Telephone 01392 265477 or email  mark.devin@exeter.gov.uk

Items
No. Item

26.

Appointment of Chair

To appoint a Chair for the meeting.

 

Minutes:

Councillor Buswell was appointed as Chair for this meeting.

 

27.

Declarations of Interest

Councillors are reminded of the need to declare any disclosable pecuniary interests that relate to business on the agenda and which have not already been included in the register of interests, before any discussion takes place on the item. Unless the interest is sensitive, you must also disclose the nature of the interest. In accordance with the Council's Code of Conduct, you must then leave the room and must not participate in any further discussion of the item.  Councillors requiring clarification should seek the advice of the Monitoring Officer prior to the day of the meeting.

 

Minutes:

No declarations of interest were made by Members.

 

28.

LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 EXCLUSION OF PRESS AND PUBLIC

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 4 and 5 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.

 

Minutes:

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 Paragraph 1 of Part I, Schedule 12A of the Act.

 

 

29.

Application for Consent to Engage in Street Trading

To consider the report of the Service Lead- Environmental Health & Community Safety.

 

Minutes:

The Chair introduced the Licensing Sub Committee Members and Officers.

 

The Legal Advisor set out the procedure for the hearing and the Applicant confirmed that the procedure was understood.

 

The Licensing Officer, presented the report which advised, that the Applicants were seeking the approval of the Licensing Sub-Committee for a street trading consent applicable to the following designated consented streets in Exeter:-

 

·        Mortimer Court;

·        Ide Lane;

·        St Leonards Road;

·        Collins Road;

·        Sweetbriar Lane; and

·        De Le Rue Way;

 

The Applicant had applied for a 12-month licence to trade Monday to Friday, between 16:30 hours and 20:30 hours and on Saturdays between 10.00 hours to 20:30 hours. The Applicant was proposing to sell fish and chips, sausages, cold drinks, mussels, fishcakes, and curry. Supporting documents had been submitted, which included photographs of the proposed food trailer and details of the locations requested.

 

Members noted that the Applicant had previously had a Street Trading Consent approved in July 2020, and had been trading since that time, with no complaints received and had achieved a 5 out of 5 rating at their last Environmental Health inspection in September 2020. The Applicant sought to amend their trading locations from the previous application, which had been circulated to Environmental Health and Devon County Highways in line with the Street Trading Policy.

 

The Applicant was in attendance and spoke in support of the application, stating that they had been trading since 13 July 2020, building a loyal customer base. They had not received any complaints and considered the business to be operating well and confirmed that all rubbish was cleared each day. They were looking to expand the business to include additional consented roads which they felt would be safe for social distancing and the development of the business.

 

In response to questions from the Members, the Legal Advisor and Licensing Officer, the Applicant explained that there was an existing pizza business operating at Collins Road, which was only open on Fridays, and would not be affected by their business operating at the location.

 

The Licensing Officer confirmed that there was administrative error for Section 8 of the application, which should read that there had been a previous application.

 

 

RESOLVED that the application be approved with the following conditions:

 

a)     all of the conditions contained within Appendix A of the Street Trading Policy dated 2015 should be included in the consent;

 

b)     the consent holder will provide a bin for customer use and that the consent holder will ensure that any rubbish in the vicinity (within 100m of the business), emanating from the business is cleared away at regular intervals;

 

c)     the use of A boards and flags be prohibited;

 

d)     the consent holder will not conduct fly posting;

 

e)     in the event that issues do arise from this consent, then this consent may be revoked by the Service Lead Environmental Health and Community Safety in consultation with the Chair of the Licensing Committee;

 

f)       in line with the Council’s resolution of 24th April 2018,  ...  view the full minutes text for item 29.

30.

Application for Consent to Engage in Street Trading

To consider the report of the Service Lead- Environmental Health & Community Safety.

 

Minutes:

The Chair introduced the Licensing Sub Committee Members and Officers.

 

The Legal Advisor set out the procedure for the hearing and the Applicant confirmed that the procedure was understood.

 

The Licensing Officer, presented the report which advised the Applicants were seeking the approval of the Licensing Sub-Committee for a street trading consent applicable to Queens Crescent Garden.

 

The Applicant had applied for a 3-month licence to trade Monday to Saturday, between 09.00 hours and 17:00 hours, selling coffee, hot and cold soft drinks, and cakes. Supporting documents had been submitted, which included photographs of the proposed food trailer and details of the locations requested.

 

Members noted that the Applicant had achieved a 5 out of 5 rating at their last Environmental Health inspection in August 2020 and that the application had been circulated to Environmental Health and Devon County Highways, in line with the Street Trading Policy.

 

The Applicant was in attendance and spoke in support of the application, stating that they wished to trade at Queens Crescent Garden using a small trailer, which would be towed to and from their home address daily. The food trailer would be positioned on the off-road grass area, with a roped of cordon, to indicated its designated trading area. The trailer would contain a coffee machine and food trays and the area would be dismantled at the end of each trading day, and all litter would be collected. The Applicant highlighted that it had been a difficult period of trade, and hoped to create a safe outdoor eating and drinking area.

 

In response to questions from the Members, the Legal Advisor and Licensing Officer, the Applicants explained that:-

 

·        the St James’ Community had been consulted on the application and showed support for a business in the area, which they considered would support lowering anti-social behaviour issues in the area;

·        they had a good knowledge of Covid safety precautions, which would be implemented. Precautions would include taking customers to a table, following the rule of up to six persons, tables being cleaned between use, providing sanitizer to customers and all drinks and food would be brought to customer tables;

·        cups would be made of fully recyclable materials and food would be delivered on napkins, which would be disposed off before the tables were cleaned;

·        they currently held a strong student customer base and intended to widen the customer base to include residents of the St James’ Community to develop a more physical business presence;

·        they had applied for three months, due to the changes in the Government Covid roadmap. They felt three months was suitable time period to test their business model;

·        they had agreed in principle with the land owners, to use the site, but confirmed that they needed the approval of the Licensing Sub Committee, before any final consent to use the land could be given; and

·        the trailer would use a 6Kva, diesel powered silent generator.

 

 

RESOLVED that the application be approved for three months with the following conditions, subject  ...  view the full minutes text for item 30.