To consider the report of the Environmental Health and Licensing Manager.
Minutes:
The Chair introduced the Committee and set out the procedure. The Litigation Solicitor set out the Council’s policy and the requirements under the Local Government (Miscellaneous Provisions) Act 1982.
The Principal Licensing Officer presented the report advising the Committee that, Mr B was seeking approval to engage in street trading with a roving consent. The applicant proposed to sell vape items, such as e-cigarettes and e-liquid from a converted Ford Transit van and had applied to trade for a 12 month period.
The Principal Licensing Officer advised that Mr B had an established vape business in Exeter, which operated a challenge 25 age verification policy in the existing shop, which would also apply to the mobile shop and no representations had been received.
Mr B was in attendance and spoke in support of the application, notifying Members that he had an established vape shop in Pinhoe, and that he used the van to make deliveries to elderly and disabled customers and had operated at markets and car boot sales. The licence would allow more accessibility for customers to sell items other than making deliveries.
In response to questions from Members, Mr B responded:-
· The van would spend about 15 minutes in each area and would develop a customer base for repeat business;
· Existing customers’ order deliveries from the store, which the van would park at the customers’ homes. The shop had a website and Facebook page which would provide details of when the van would be operating in a particular area;
· The planned trading locations would be Sowton Village, Sowton Industrial Estate and Marsh Barton, but would also visit other areas of the City;
· The roving licence would provide a service for customers who could not get to a shop;
· Vaping was supported by Cancer UK and NHS to assist people to quit smoking. The Government public health website stated that vaping was 95% better than cigarettes and had supported people in stopping smoking;
· There would be a fire extinguisher in the van;
· Would welcome a condition on no trading within a distance from schools;
· There were no plans to have chimes or bells, similar to those on an ice-cream van but could look into it if it were allowed;
· The business does not encourage people to start vaping, focussing on existing smokers to help them stay off cigarettes and work with them;
· All employees in both the shop and van would be fully trained.
The Environmental Health and Licensing Manager notified the applicant that Sowton Village was under East Devon District Councils administrative boundary.
RESOLVED that the application be approved for 12 months 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 they should be referred back to the Licensing Committee at the first available opportunity;
(f) No trading within 400m of a school, between Monday and Friday;
(g) No audible advertising to be installed on the van.