Minutes:
The Acting Principal Licensing Officer presented the report advising the Committee that Mrs C was seeking the approval for a roving consent (excluding Castle Street and the Quay) to sell ice cream from a purpose built ice cream van. Mrs C had applied to trade for a 6 month period which would commence on 1 April 2017. No representations had been received and there was only one other roving consent to sell ice cream in Exeter.
Mrs C was in attendance.
Mrs C informed Members that the ice-cream was made locally by an established producer using local and fresh ingredients. The ice-cream van was in good condition and had received a food hygiene certificate. She explained that she would only be selling ice-cream in parks or suburban areas, where parents would be the potential customers to buy on behalf of children and would not be selling near to schools. Mrs C had an 18 year old daughter attending Exeter University who would be able to provide support during university breaks. Both she and her daughter had obtained food hygiene certificates this month.
The Environmental Health and Licensing Manager advised the applicant would not be required to undertake a DBS check. He explained that, even though the Committee could exclude certain areas for selling it would be difficult to enforce. However, any complaints received to the licensing authority could lead to withdrawal of the consent. Any business expansion or more vans would need to be presented to the Committee.
Mrs C left the room for the Committee to deliberate.
In response to a Member’s enquiry, a condition could be added to ensure chimes were not active while the vehicle was in motion. Members held a discussion on the appropriate distance the vehicle could go to school grounds and having a condition on the drop off and pick up times. The Litigation Solicitor informed that the council had the power to prescribe standard conditions under
Schedule 4 paragraph 7(4) of the Local Government (Miscellaneous Provisions) Act 1982 which stated that the Council may attach such conditions to it as they consider reasonably necessary. Paragraph 7 (5) states without prejudice to the generality of paragraph 7 (4) above, the conditions that may be attached to a street trading consent by virtue of that sub-paragraph include conditions to prevent:
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Obstruction of the street or danger to persons using it; or |
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Nuisance or annoyance (whether to persons using the street or otherwise). |
RESOLVED that the application be approved with the following conditions (amended text highlighted in italics):
a) That all of the conditions contained within Appendix A of the street trading policy dated June 2015 should be included on the consent including the condition that the consent holder shall not cause any obstruction of the highway;
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, is cleared away at regular intervals;
c) The use of A boards and flag was prohibited;
d) The consent holder will not undertake fly posting;
e) The consent holder must ensure that no chimes are operated whilst the vehicle used to trade is in motion.