Agenda and draft minutes

Venue: Guildhall, High Street, Exeter. View directions

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

Items
No. Item

58.

Appointment of Chair

To appoint a Chair for the meeting.

 

Minutes:

Councillor Holland was appointed as Chair for this meeting.

 

59.

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.

 

60.

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

To pass the following resolution:

RECOMMENDEDthat, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for items 4 to 6 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.

 

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982

61.

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, and advised that the meeting was quorate to proceed with two Members. The Applicants, who were in attendance confirmed to proceed with the hearing with two members.

 

The Legal Advisor set out the procedure together with the law and policy considerations.

 

The Principal Licensing Officer, presented the report which advised, that the Applicant was seeking the approval of the Licensing Sub-Committee for a street trading consent applicable to Castle Street.

 

The Applicants had applied for a 12 month licence to trade Monday to Sunday between 08.00 hours and 18:00hours, selling a selection of gourmet burgers, bacon rolls and weekly special meals. A copy of the supporting information and photographs of the menu items had been submitted as part of the application

 

Members noted that the Applicant had achieved a 5 out of 5 rating from Environmental Health at Mid Devon District Council and that the application had been circulated to Environmental Health and Devon County Highways in line with the Street Trading Policy.

 

The Applicants spoke in support of the application and responded to questions from Members and the Legal Advisor.

 

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; and

f)       in line with the Council’s resolution of 24th April 2018, any cutlery, food/ drink containers, and drinking straws used should not be made from single use plastics.

 

 

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976

TOWN POLICE CLAUSES ACT 1847

62.

RENEWAL OF A LICENCE RELATING TO A PRIVATE HIRE VEHICLE OVER 9 YEARS OLD.

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

 

Minutes:

The Chair introduced the Sub-Committee and advised that the meeting was quorate to proceed with two Member’s. The Applicant, who was in attendance confirmed to proceed with the hearing with two members.

 

The Legal Advisor set out the procedure for the hearing advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Principal Licensing Officer presented the application to renew a Private Hire Vehicle licence in relation to a vehicle which was over 9 years old at the renewal date licensing.

 

A vehicle MOT certificate had been submitted, with an independent mechanical inspection report. The vehicle had been inspected by a Licensing Officer, which had been considered to be in a good condition for the age and mileage. Additional photographs of the vehicle had been submitted and included in the report presented at the meeting.

 

The Principal Licensing Officer explained the Taxi Policy, which stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the licensing sub-committee for determination. Vehicles over 10 years old should not be granted, however, the Applicant had the right to apply for the application to be considered by a Licensing Sub-Committee if they considered that their circumstances justified a deviation from the policy.

 

The Applicant spoke in support of the application and responded to questions, from Members and the Legal Advisor.

 

RESOLVED that the application for the renewal of a Private Hire Vehicle licence be granted by exception until 31 December 2021.

 

 

63.

GRANT OF A LICENCE RELATING TO A PRIVATE HIRE VEHICLE OVER 4 YEARS OLD.

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

 

Minutes:

The Chair introduced the Sub-Committee and advised that the meeting was quorate to proceed with two Member’s. The Applicant, who was in attendance confirmed to proceed with the hearing with two members.

 

The Legal Advisor set out the procedure for the hearing advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Principal Licensing Officer presented the application to grant a Private Hire Vehicle licence in relation to a vehicle which was over 4 years old at the renewal date licensing.

 

A vehicle MOT certificate had been submitted, with an independent mechanical inspection report. The vehicle had been inspected by a Licensing Officer, which had been considered to be in a very good condition for the age and mileage. Additional photographs of the vehicle had been submitted and included in the report presented at the meeting.

 

The Principal Licensing Officer explained the Taxi Policy, which stated that an application for the grant of a first private hire vehicle licence, over 4 years old, shall not be granted. However the applicant would be given the right to apply for the application to be considered by a licensing sub-committee if they considered that their particular circumstances justified a deviation from the policy.

 

The Applicant spoke in support of the application and responded to questions, from Members and the Legal Advisor.

 

RESOLVED that the application for the grant of a Private Hire Vehicle licence be granted by exception for 12 Months, subject to evidence of the completed work to the MOT safety defects are submitted to the Licensing Authority