To consider the report of the Service Lead- Environmental Health & Community Safety.
Minutes:
The Chair introduced the Licensing Sub Committee Members and Officers.
The Legal Advisor set out the procedure for the hearing and the Applicant confirmed that the procedure was understood.
The Licensing Officer, presented the report which advised, that the Applicants were seeking the approval of the Licensing Sub-Committee for a street trading consent applicable to the following designated consented streets in Exeter:-
· Mortimer Court;
· Ide Lane;
· St Leonards Road;
· Collins Road;
· Sweetbriar Lane; and
· De Le Rue Way;
The Applicant had applied for a 12-month licence to trade Monday to Friday, between 16:30 hours and 20:30 hours and on Saturdays between 10.00 hours to 20:30 hours. The Applicant was proposing to sell fish and chips, sausages, cold drinks, mussels, fishcakes, and curry. Supporting documents had been submitted, which included photographs of the proposed food trailer and details of the locations requested.
Members noted that the Applicant had previously had a Street Trading Consent approved in July 2020, and had been trading since that time, with no complaints received and had achieved a 5 out of 5 rating at their last Environmental Health inspection in September 2020. The Applicant sought to amend their trading locations from the previous application, which had been circulated to Environmental Health and Devon County Highways in line with the Street Trading Policy.
The Applicant was in attendance and spoke in support of the application, stating that they had been trading since 13 July 2020, building a loyal customer base. They had not received any complaints and considered the business to be operating well and confirmed that all rubbish was cleared each day. They were looking to expand the business to include additional consented roads which they felt would be safe for social distancing and the development of the business.
In response to questions from the Members, the Legal Advisor and Licensing Officer, the Applicant explained that there was an existing pizza business operating at Collins Road, which was only open on Fridays, and would not be affected by their business operating at the location.
The Licensing Officer confirmed that there was administrative error for Section 8 of the application, which should read that there had been a previous application.
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;
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.