Agenda and draft minutes

Venue: Legislation has been passed that allows Council's to conduct Committee meetings remotely

Contact: Mark Devin, Democratic Services Officer (Committees)  Telephone 01392 265477 or email  mark.devin@exeter.gov.uk

Items
No. Item

1.

Appointment of Chair

To appoint a Chair for the meeting.

 

Minutes:

Councillor Wood was appointed as Chair for this meeting.

 

2.

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.

 

Minutes:

No declarations of interest were made by Members.

 

 

LICENSING ACT 2003

3.

Application to Grant a Premises Licence pdf icon PDF 320 KB

To consider the report of the Service Lead - Environmental Health & Community Safety.

 

Additional documents:

Minutes:

The Chair introduced the members of the Sub-Committee together with the Legal Advisor, the Principal Licensing Officer, Licensing Officer and the Democratic Services Officers. The Legal Advisor set out the hearing procedure and the Applicant, who was in attendance, agreed that the procedure was understood. Two speakers making representations on the application were also in attendance.

 

The Licensing Officer presented the application to grant of a new premises license for Ganbeis, Unit 2, Commercial Road, Exeter, EX2 4AE. The Applicant was seeking to apply for:

 

·               Provision of Recorded Music: Monday-Sunday 09:00 – 01:00 hrs. (Indoors only);

·               Late Night Refreshment: Monday to Sunday 23:00 – 01:00 hrs (On and Off-sales.);

·               Supply of alcohol: Monday to Sunday: 09:00 – 01:00hrs (On and Off Sales); and

·               Hours Open to the Public: Monday to Sunday 09:00 – 02:00 hrs

 

The Licensing Officer explained that the Devon and Cornwall Constabulary had mediated with the Applicant within the 28 day consultation period and had proposed some amended times and licensing conditions, which had been agreed with the Applicant. The proposals were set out in the report and listed as follows:-

 

·        Provision of Recorded Music: (Indoors only) - Monday to Saturday 09:00 – 01:00hrs. Sunday 09:00 – 00:00hrs;

·        Late Night Refreshment: (On and Off-sales) - Monday to Saturday 23:00 – 01:00hrs. Sunday 23:00 – 00:00hrs;

·        Supply of alcohol: (On and Off Sales) - Monday to Saturday: 09:00 – 00:30hrs. Sunday 09:00 – 23:30hrs; and

·        Hours Open to the Public - Monday to Saturday 09:00 – 01:00hrs. Sunday 09:00 – 00:00hrs.

 

The Application had been advertised on the premises from 27th November 2020 and in the local newspaper on 3rd December 2020 in Express & Echo in accordance with the requirements of the Licensing Act 2003. The end date for representations was on the 24th December 2020.

 

The Applicants were in attendance and spoke in support of the Application and responded to questions from the Licensing Sub-Committee and the Legal Advisor. Two objectors were in attendance and made representations against the Application.

 

RESOLVED: that the Application be granted subject to conditions for the reasons set out in the formal decision notice attached.

 

 

4.

LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 EXCLUSION OF PRESS AND PUBLIC

To pass the following resolution:

RESOLVED that, 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 it involves the likely disclosure of exempt information as defined in paragraphs 1 and 2 of Part I of Schedule 12A of the Act.

 

Minutes:

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 items on the grounds that they involved the likely disclosure of exempt information as defined in Paragraph 1 of Part I, Schedule 12A of the Act.

 

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982

5.

Application for Roving Consent to Engage in Street Trading

To consider the report of the Service Lead - Environmental Health & Community Safety.

 

Minutes:

The Chair introduced the Licensing Sub Committee members and Officers.

 

The Principal Licensing Officer, presented the report which advised the Applicants were seeking the approval of the Licensing Sub-Committee for a roving street trading consent applicable to designated Consent Streets across Exeter, but with particular designated Consent for streets in Topsham. The Applicants had applied for a 12 month licence to sell hot drinks and cakes, trading between Saturday and Sunday between 08:00 and 18:00 hours. It was the intention to trade mainly on Sunday and potentially Saturday, the applicant currently trading on private land at the Cat and Fiddle Training Ground but wishing to extend trading into Exeter

 

The Applicants had submitted correspondence regarding omissions from the application form and photographs of the proposed purpose-built food van, which were included in the report papers. Members were informed that the Applicants had registered the business with Environmental Health, but were yet to receive a food hygiene rating visit.

 

The Principal Licensing Officer highlighted that there had been no comments or objections received from Environmental Health or the Highways Authority but referenced relevant comments from Devon County Council in respect of similar applications points:-

 

·        dedicated parking for the vehicle cannot be authorised and therefore the locations cannot be guaranteed to be available to allow parking;

·        to also note that it is prohibited to sell anything from a designated parking place; and

·        It remains the responsibility of the driver to ensure that they park in a safe location that does not obstruct any traffic or visibility. Parking over/on footways is not permitted.

 

The Applicants were in attendance and spoke in support of the application, stating:-

 

·        that one of the applicants had 20 years’ experience in hospitality and looked to approach the business in the correct and appropriate manner and adhere to re-cycling and cleaning conditions;

·        the application would primarily be operating on private land and quieter areas across the city, catering for various walkers;

·        the exact hours of operation had not been fully outlined but would be between 8am and 6pm on weekends only;

·        the food safety requirements were underway and the purpose-built food van was due to be inspected soon;

·        the ingredients and coffee would be locally sourced from a Cornish supplier and there were negotiations underway to use a local Exeter supplier;

·        dog walkers will be catered for through provision of dog bags, dog waste bins and water bowls for the dogs; and

·        staff would be fully trained in food safety and safe working practices.

 

In response to questions from the Licensing Sub-Committee, the Legal Advisor and Principal Licensing Officer, the Applicants explained

 

·        that safety precautions during the Coronavirus Pandemic would include providing hand sanitizer for staff and customers, use of face masks, maintaining social distancing, only accepting contactless card payments and staff would be working in an open area. Condiments and milk would be added to the drinks on the customer’s behalf.

 

·        a training day was undertaken at the Halden Forest Park Car Park;

 

·        they had initially used  ...  view the full minutes text for item 5.