Agenda and draft minutes

Licensing Committee
Tuesday 20th November 2018 5.30 pm

Venue: Rennes Room, Civic Centre, Paris Street, Exeter. View directions

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

Items
No. Item

19.

Minutes

To approve and sign the minutes of the meeting held on 18 September 2018.

 

Minutes:

The minutes of the meeting held on 18 September 2018, were taken as read, approved and signed by the Chair as correct

 

 

20.

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.

 

 

21.

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 item 5 on the grounds that it 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 item on the grounds that it 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

22.

Application for Consent to Street Trade

To consider the report of the Environmental Health and Licensing Manager.

 

Minutes:

The Chair introduced the Committee and set out the procedure. The Solicitor set out the Council’s policy and the requirements under the Local

Government (Miscellaneous Provisions) Act 1982.

 

The Interim Principal Licensing Officer, presented the report which advised the Committee that the applicant was seeking approval to engage in street trading at Manaton Close, Marsh Barton, using a purpose built mobile van, for a 12 month period. The applicant had applied to trade between 10.30am and 14.30pm, between Monday and Sunday. The business had also been registered with Environmental Health since August 2016.

 

The applicant was attendance and spoke in support of the application, stating that they had previously traded at Manaton Close, Marsh Barton, operating a successful street food business. The applicant had changed locations in March but would like to return to the area. They had obtained insurance, including public liability insurance and had registered with Environmental Health, confirming that they were ready to commence trading.

 

In response to questions from Members, the applicant responded:-

 

·         The wheels would be taken off the vehicle for insurance purposes and would be a stationary vehicle;

·         There was little storage space, so all food including chicken and vegetables would be purchased fresh, daily;

·         She was aware of the responsibilities of maintaining the site, providing bins for refuse and employed a company to take away waste;

·         She had previously operated at Manaton Close for a year before moving and had been successful.

 

RESOLVED that the application be approved with the following conditions:

 

a.    That all of the conditions contained within Appendix A of the Street Trading Policy dated June 2015 should be included on the consent;

b.    That 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 is 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 Environmental Health and Licensing Manager in consultation with the Chair of the Licensing Committee;

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

 

23.

Local Government (Access to Information) Act 1985 - Exclusion of Press and Public

Minutes:

RESOLVED that, under Section 100A (4) of the Local Government Act 1972, the press and public be not excluded during consideration of the following items on this agenda.

 

 

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976

24.

Change to Sex Establishment Licensing Fees pdf icon PDF 94 KB

To consider the report of the Environmental Health and Licensing Manager.

 

Minutes:

The Environmental Health and Licensing Manager presented the report which sought to amend the existing fees for 2018/19, with immediate effect, to meet the current legal requirements in accordance with the Local government (Miscellaneous Provisions) Act 1982 and the Provision of Services Regulations 2009. He confirmed that the report did not seek to revise the fees charged for sex establishment licences and that the statutory principle in relation to setting fees was, that they be reasonable, relating to the costs of performing functions, inluding staffing, administration, testing, inspections, hearings, regulation and appeals.

 

The recommendations of the report would enable the authority to comply with the provisions of the European Services Directive (2006/123/EC) which was incorporated into UK law by the Provision of Services Regulations 2009.

 

The Environmental Health and Licensing Manager explained the licence fee would be split into two parts:-

 

(a)  Would cover the costs of processing applications and the costs for procedures and formalities. A fee of £3,130 would be payable on submission of the application and was non-refundable.

 

(b)  Would cover the costs of running and enforcing the scheme. The fee of £720 would only be payable before the licence was operational.

 

RESOLVED that the current fee for 2018/19 be amended with immediate effect in accordance with the provisions of the Local government (Miscellaneous Provisions) Act 1982 and the Provision of Services Regulations 2009 in order to meet current legal requirements. The Sex Establishment Fee would remain at £3850 in total but would be split as follows:-

 

·         Part A - £3130

·         Part B - £720