Agenda and minutes

Licensing Committee - Tuesday 26th March 2019 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

No. Item



To approve and sign the minutes of the meeting held on 5 February 2019.




The minutes of the meeting held on 5 February 2019 were taken as read, approved and signed by the Chair as correct.




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.


No declarations of interest were made by Members.




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

To pass the following resolution:

RECOMMENDEDthat, 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 they involve the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part I of Schedule 12A of the Act.



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 Paragraphs 1 and 2 of Part I, Schedule 12A of the Act.





Application for Consent to Street Trade

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



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 on Castle Street, using a pedal bike to sell ice cream for a six month period, between May and October. The applicant had supplied photographs of the proposed bicycle, the ice cream box, parasol and the attached basket. The dimensions of the bike would be 1.9m x 1.15m x 09m. The applicant had applied to trade between 09.30am and 17.30pm, between Monday and Sunday on Castle Street and a sample menu had been supplied to the Licensing Authority. It was confirmed that no representations had been received and that a battery operated generator would be in operation.


The applicant was attendance and spoke in support of the application, stating that he would be operating the business with his son, who was currently at University but would be running the business during the summer months. They both had a passion for running the business and using locally sourced ice-cream, with an intention to eventually make and sell their own ice-cream. All cups would be eco and compost friendly.


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


·         The applicant’s son would be the primary operator of the business, who was currently at University. He would be operating the business initially for six months, around the term times, but may be looking to trade for a longer duration in the future. There currently wasn’t much interest in selling ice-cream during the winter months;

·         If required, they could trade on for longer in the evenings, depending on how busy the High Street was, however the battery could only last for 6-7 hours;

·         They would only be selling ice-cream, in recyclable containers;

·         He would be looking into using discounts for re-usable cups;

·         His son had undertaken market research for competitors, however there was little competition identified;

·         A food hygiene certificate had been applied for and could be issued once a licence had been granted;

·         The bike would be driven to the site, along with recycling bins, but the bike itself would be mobile;

·         The application was the first time he had applied for a trading licence and the bike dimensions were correct. There would be a slight change to the branding;

·         He would be happy to proceed with the applied conditions and the proposed operating times.


The Interim Principal Licensing Officer responded to Member enquires, stating:-


·         A street scene check would identify other local competitors in the area;

·         The Licensing Authority could address extending hours and days if requested to do so by the applicant.

·         Traders could also apply daily for an extension to a licence if required


Following the resolution, the Chair commented that the Licensing Committee would encourage the applicant, if he was minded to apply to extend the operating period  ...  view the full minutes text for item 8.