Agenda and minutes

Licensing Sub-Committee - Thursday 22nd June 2023 10.00 am

Venue: Bad Homburg Room, Civic Centre, Paris Street, Exeter

Contact: Sharon Sissons, Democratic Services Officer  Telephone 01392 26115 or email  sharon.sissons@exeter.gov.uk

Items
No. Item

41.

Appointment of Chair

To appoint a Chair for the meeting.

 

Minutes:

Councillor Wood was appointed as Chair for this meeting.

 

42.

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.

 

43.

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

To pass the following resolution:

RECOMMENDED that, under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the meeting for item 4 on the grounds that if 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 item on the ground that they involved the likely disclosure of exempt information as defined in Paragraph 1 of Part I, Schedule 12A of the Act.

 

44.

Application for 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 Legal Apprentice set out the legislation and procedure for the hearing and the Applicant who was in attendance, confirmed that the procedure was understood. The Legal Advisor also sought confirmation that the applicant had received and read a copy of the Street Trading policy.

 

The Licensing Officer, presented the details of the application. The Applicant confirmed that although they had not specified in their application, three separate street trading consents for Roving Consent for three Jiffy vans was required for operation in Exeter.

 

Members agreed to hear the application for three Roving Street trading consents. 

 

The applicant had applied to trade for a 12 month period for the following:-

 

·         Monday to Friday between 08.00 hours and 13:00 hours only

 

The Applicant was proposing to sell a range of hot and cold food and cold drinks.  He had submitted a supporting menu and photographs of the van model which were included in the agenda. The business was registered with Environmental Health at Exeter City Council, achieving a five out of five rating at their last inspection. Details of the original application had been circulated in line with the Street Trading Policy and no representations had been received.

 

Due to a misunderstanding by the applicant, a Street Trading Consent had not been applied for at the appropriate time. This was the first time that the application had been considered.

 

The Applicant spoke in support of the application. The business had been established for over 18 years with an emphasis on corporate catering. Post Covid, there had been the opportunity to develop a roving catering business. The Applicant advised that the business had been trading primarily on trading estates within Exeter and used locally sourced produce and suppliers, serving the local community and businesses in the area. They also operated a similar business in Newton Abbot. The Applicant explained that they continued to reduce their reliance on plastic and polystyrene packaging.  The Applicant also gave an undertaking that he would pay the required fee for the three licences now required.

 

RESOLVED that the application be approved for Roving Consent for three Jiffy vans with a separate Street Trading Consent for each van 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 should be referred back to the Licensing Committee for consideration;

 

f)     in line with the Council’s resolution of 24th April 2018, any cutlery, food and drink containers, and drinking straws used  ...  view the full minutes text for item 44.