Agenda and draft minutes

Councillor Wood was appointed as Chair for this meeting.

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.

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 items 4 and 5 and 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 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.

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

The Applicant was not in attendance. Members agreed by unanimous vote to adjourn the Application to the next Licensing Sub Committee meeting on 27 August 2021.

RESOLVED that the Application for a street trading consent be deferred until 27 August 2021.

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

The Chair introduced the Licensing Sub Committee Members and Officers.

The Legal Advisor set out the procedure together with the law and policy considerations.

The Service Lead - Environmental Health & Community Safety, presented the report which advised, that the Applicant was seeking the approval of the Licensing Sub-Committee for a mobile street trading consent applicable to designated consented streets in Exeter.

The Applicant had applied for a 3 month licence to trade 7 days a week between 12:30 hours and 19:00 hours. The Applicant was proposing to sell ice cream and soft drinks from a purpose built ice cream van and had supplied photographs of the proposed van.

Members were informed that the application 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 recently moved to the Exeter area and had purchased an ice cream van, which they felt given the limited number of ice cream vans in the area, would be a good business investment. They confirmed that their products would be stored in a large freezer and moved to the van when it was in operation. The ice cream mix only lasted 10 days and would be replaced once a week and they confirmed that only ice cream and canned soft drinks would be sold.

The Applicant confirmed that they would only be using plastic spoons and cups, but were aware of the Council’s policy conditions regarding single use plastic and would look at alternative solutions to replace them.

In response to an enquiry from the Service Lead - Environmental Health & Community Safety, the Applicant confirmed that they were looking at a 3 month licence initially, to cover the summer season and would then reapply next year for a 6 or 9 month licence.

RESOLVED that the application for a mobile street trading consent be approved for 3 months 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; and

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.