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 which advised the Committee that the applicants were seeking approval to engage in street trading on Glasshouse Lane, Exeter, using a purpose-built mobile food van, selling kebabs and other fast food, for a 12 month period. The applicants had supplied photographs of the van and details of the proposed menu, location, the van’s extraction certificate, gas installation safety record and liability insurance. The applicants had applied for a consent to trade between 16:00hrs and 23:00hrs, between Monday and Sunday.
The Principal Licensing Officer stated that the applicants considered the location to be the only suitable space for trading, and that Devon County Highways had raised no concerns in relation to the proposed siting of the van, which would be parked adjacent to the footpath in the free parking area. He drew Members’ attention to a number of conditions and also to a representation received during the fourteen day consultation period, which related to competition between other existing food outlets. The conditions in the application included the provision of a bin, no use of A Boards, or to conduct any flyposting and to be aware of the Council resolution in respect of Single Use Plastics.
The applicants were in attendance, and spoke with the assistance of an interpreter in support of the application. They had previously provided evidence of the van registration with Environmental Health for food hygiene purposes. They wished to provide a service and serve the people near the area, and welcomed the opportunity to create a business to benefit their family. The applicant agreed to abide with the requirements and conditions of any street trading consent that might be granted.
In response to questions from Members, the applicant responded in the following terms:-
· having noted a Member’s comments about the potential for increased rubbish, anti-social behaviour and general levels of noise, they confirmed they already ran a very clean site for their existing car wash business;
· they had chosen a quieter generator and it would be sited inside the van;
· they would only be serving french fries and not traditional fish and chips
· they considered there was no direct competition and it was a suitable site for the business;
· a fire blanket and fire extinguisher were available in the van;
· the extractor fan eliminated the smells but were retained within the van;
· the extraction certificate would be renewed if they obtained a street trading licence;
· they would consider extending the range of vegetarian items on the menu in time;
· the lights were inside the van only;
· they had not carried out any door to door research but some customers who had used their other business had expressed an interest in their new venture.
The Litigation Solicitor also referred to the Council’s policy under the Local
Government (Miscellaneous Provisions) Act 1982 and commented on the enhancement of a local area by any business. The applicant advised they would work to ensure that they adhered to the prescribed opening times, were mindful of noise levels and health and safety requirements. The Litigation Solicitor referred to the proposed trading hours from 16.00hrs until 23:00hrs, Monday to Sunday and if that may be considered as attractive or deemed as marketing to students coming home from school. The applicant said that they had not considered that when considering the hours of operation.
The Principal Licensing Officer responded to Member enquiries, stating:-
· he was not aware of any direct consultation with the existing food outlets in the vicinity;
· the generator to be used by the applicant was small and they did not typically receive complaints about that model, although they were still capable of emitting a low level noise;
· the applicants were mindful of the potential for anti-social behaviour and the effect on the neighbourhood.
The applicants and the Principal Licensing Officer withdrew from the room whilst Members debated the application.
Members discussed the viability and hours of operation and proposed business model at the location. They also discussed the hours of operation and a Member considered that a later start time would not include the potential to attract the school trade, but they would still be able to attract the later evening trade.
RESOLVED that the application be approved for 12 months for the amended times of 17:00hrs until 23:00hrs with the following conditions:
a) that all of the conditions contained within Appendix A of the Street Trading Policy dated 2015 should be included in 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; and
f) that, in line with the Council’s resolution of 24 April 2018, any cutlery, food/ drink containers, and drinking straws used should not be made from single use plastics.
The Chair also reiterated that if any complaints should be received from members of the public that the matter could come back for consideration in the intervening period to be debated by Licensing Manager in consultation with the Chair.