Agenda and draft minutes

Venue: Bad Homburg Room, Civic Centre, Paris Street, Exeter. View directions

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

Items
No. Item

44.

Appointment of Chair

To appoint a Chair for the meeting.

 

Minutes:

Councillor Holland was appointed as Chair for Min. Nos. 45 to 50.

 

 

45.

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.

 

 

 

46.

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 items 4 to 11 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.

 

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 1976

TOWN POLICE CLAUSES ACT 1847

47.

Application for the Renewal of a Licence relating to a Private Hire Drivers Vehicle over 10 Years Old

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 advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Principal Licensing Officer presented the application to renew a Private Hire Vehicle licence in relation to a vehicle which was over 10 years old at the renewal date. The vehicle was a four passenger, without wheelchair access vehicle which had been first registered on 25 September 2012.

 

The Applicant had submitted a vehicle MOT certificate dated 8 September 2022, with a recorded mileage of 240,088 miles, with an independent mechanical inspection report, dated 8 September 2022. The vehicle had been inspected by a Licensing Officer, who had considered it to be in a good condition. Additional photographs of the vehicle had also been submitted and it was confirmed that the vehicle had been first plated by Exeter City Council on 30 September 2014.

 

The Principal Licensing Officer explained the Taxi Policy, which stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the Licensing Sub Committee for determination and that vehicles over 10 years old should not be granted. However, the Applicant had the right to apply for the application to be considered by a Licensing Sub-Committee if they considered that their circumstances justified a deviation from the policy.

 

The Applicant who was in attendance spoke in support of the application and responded to questions from Members.

 

The Licensing Sub Committee considered the application and submissions presented from the Applicant, and did not consider that there was any evidence presented that justified a deviation from the Taxi Policy.

 

RESOLVED that the application for the renewal of a Private Hire Vehicle licence be refused.

 

 

48.

Application for the Renewal of a Licence relating to a Private Hire Drivers Vehicle over 9 Years Old

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 advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Principal Licensing Officer presented the application to renew a Private Hire Vehicle licence in relation to a vehicle which was over 9 years old at the renewal date. The Applicant had submitted a vehicle MOT certificate dated 27 September 2022, with a recorded mileage of 241,385 miles. An independent mechanical inspection report, dated 28 September 2022 had also been submitted. The vehicle had been inspected by a Licensing Officer, and had been considered to be in a good condition. Additional photographs of the vehicle had also been submitted and the vehicle was confirmed to have been plated by Exeter City Council since 22 November 2016.

 

The Principal Licensing Officer explained the Taxi Policy, which stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the Licensing Sub Committee for determination. Vehicles over 10 years old should not be granted, however, the Applicant had the right to apply for the application to be considered by a Licensing Sub-Committee if they considered that their circumstances justified a deviation from the policy.

 

The Applicant who was in attendance spoke in support of the application and responded to questions from Members.

 

RESOLVED that the application for the renewal of a Private Hire Vehicle licence be granted.

 

 

49.

Application for the Renewal of a Licence relating to a Private Hire Drivers Vehicle over 9 Years Old

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 advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Principal Licensing Officer presented the application to renew a Private Hire Vehicle licence in relation to a vehicle which was over 9 years old at the renewal date. The Applicant had submitted a vehicle MOT certificate dated 8 September 2022, with a recorded mileage of 216,311 miles. An independent mechanical inspection report, dated 27 September 2022 had also been submitted. The vehicle had been inspected by a Licensing Officer, and had been considered to be in excellent condition. Additional photographs of the vehicle had also been submitted and the vehicle was confirmed to have been plated by Exeter City Council since 28 September 2015.

 

The Principal Licensing Officer explained the Taxi Policy, which stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the Licensing Sub Committee for determination. Vehicles over 10 years old should not be granted, however, the Applicant had the right to apply for the application to be considered by a Licensing Sub-Committee if they considered that their circumstances justified a deviation from the policy.

 

The Applicant was unable to attend to speak in support of the application and an email he had sent was read out by the Principal Licensing Officer.

 

RESOLVED that the application for the renewal of a Private Hire Vehicle licence be granted.

 

 

 

50.

Application for the Renewal of a Licence relating to a Private Hire Drivers Vehicle over 9 Years Old

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 advising of the requirements under Section 48(1) of the Local Government (Miscellaneous Provisions) Act 1976.

 

The Principal Licensing Officer presented the application to renew a Private Hire Vehicle licence in relation to a vehicle which was over 9 years old at the renewal date. The Applicant had submitted a vehicle MOT certificate dated 14 September 2022, with a recorded mileage of 277,501. An independent mechanical inspection report, dated 15 September 2022 had also been submitted. The vehicle had been inspected by a Licensing Officer, and had been considered to be in a good condition. Additional photographs of the vehicle had also been submitted and the vehicle was confirmed to have been plated by Exeter City Council since 17 September 2022.

 

The Principal Licensing Officer explained the Taxi Policy, which stated that vehicles presented for renewal aged between 9 and 10 years old would be referred to the Licensing Sub Committee for determination. Vehicles over 10 years old should not be granted, however, the Applicant had the right to apply for the application to be considered by a Licensing Sub-Committee if they considered that their circumstances justified a deviation from the policy.

 

The Applicant who was in attendance spoke in support of the application and responded to questions from Members.

 

RESOLVED that the application for the renewal of a Private Hire Vehicle licence be granted.

 

 

The meeting adjourned at 11:30 and reconvened at 12:25.

51.

Appointment of Chair

Minutes:

Councillor Asvachin was appointed as Chair for the remainder of the meeting.

 

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982

52.

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 Advisor set out the procedure for the hearing and the Applicant who was in attendance, confirmed that the procedure was understood.

 

The Licensing Officer, presented the report which advised, that the Applicant was seeking the approval of the Licensing Sub-Committee for a roving trading consent.

 

The Applicant was proposing to sell ice-creams and ice lollies from an ice-cream van and had had applied for a consent to trade between Monday and Saturday between 12:00 hours and 20:00 hours, between 1 March and 30 November 2023.

 

A copy of the supporting information and photographs of the van had been submitted as part of the application. Members noted that the Applicant had received a 5 out of 5 rating with Environmental Health, following inspection. The application had been circulated to Environmental Health, Exeter City Council Estates and Devon County Highways in line with the Street Trading Policy. The comments of the latter were circulated with the papers.

 

The van had a number of vehicle advisories from the MOT report and the applicant had been advised that the advisories would need to be completed for the next MOT inspection and submitted to Licensing to ensure it was roadworthy, prior to granting consent.

 

The Applicant spoke in support of the application and responded to questions from Members and the Legal Advisor. She stated that all advisories set out in the MOT report had been addressed and explained how the machinery for producing the ice cream would operate. As it was a roving consent, the ice cream machine would be charged between moving from street to street, the charge sufficient to produce ice cream for an hour during which time the van engine would be switched off and not idling. Charging would therefore only occur as necessary when the van was again moving to a new location.

 

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.

 

 

53.

Application for Variation to a 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 Advisor set out the procedure for the hearing and the Applicant who was in attendance, confirmed that the procedure was understood.

 

The Licensing Officer, presented the report which advised, that the Applicant was seeking the approval for a variation of the street trading consent at Castle Street, Exeter. The Applicant sought to extend trading by two hours in the evening and to include hot drinks to their menu.

 

Members noted that Applicant had been trading at the location since 1 April 2022 with the currently consented trading hours between 08:00 and 18:00 hours and neighbouring stalls did not provide hot drinks. The application had been circulated to Environmental Health and Devon County Highways in line with the Street Trading Policy and no representations had been received.

 

The Applicant spoke in support of the application and responded to questions from Members and the Legal Advisor. He advised that the extension of hours was sought to meet demand from special events during the evening such as a carnival and late night shopping. The application to serve hot drinks was in response to request from customers and the businesses on either side of the van had not objected. He also explained that the business tried to introduce variety to its menus.

 

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.

 

 

54.

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 Advisor set out the procedure for the hearing and the Applicant who was in attendance, confirmed that the procedure was understood.

 

The Licensing Officer, presented the report which advised, that the Applicant was seeking the approval of the Licensing Sub-Committee for a street trading consent at the private B&Q car park, Avocent Way, Exeter. The Applicant had been trading at the location since 2017, however due to a misunderstanding, consent had not been previously applied for.

 

The Applicant was seeking to sell a range of burgers and other hot and cold rolls and baguettes, and hot and cold drinks, for a 12 month period. The hours applied for were :-

 

·         07.30 and 15:30 hours -  Monday to Friday;

·         07:30 and 17:00 hours – Saturdays; and

·         09:00 and 16:30 hours – Sundays.

 

A copy of the supporting information and photographs of the trailer and menu had been submitted as part of the application. Members noted that the application had received a 5 out of 5 rating at their last inspection and that the application had been circulated to Environmental Health and Devon County Highways in line with the Street Trading Policy and no representations had been received.

 

The Applicant spoke in support of the application and responded to questions from Members and the Legal Advisor. The applicant explained that the business had won the franchise for the site but had not been made aware of the need to obtain a street trading licence. As far as possible, food would be sourced locally.

 

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; 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.

 

 

55.

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 Advisor set out the procedure for the hearing and the Applicant who was in attendance, 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 roving street trading consent, to sell a range of hot and cold food and drinks from a Jiffy van

 

The Applicant had applied for a 12 month consent to trade between Monday and Sunday between 08:00 hours and 18:00 hours. A copy of the supporting information and photographs of the trading unit, menu and trading locations had been submitted as part of the application. A copy of the supporting information and photographs of the van and examples of the food, packaging, labels and cutlery to be used, along with a copy of the menu. A copy of the certificate of insurance was tabled at the meeting.

 

Members noted that the application had received a 5 out of 5 rating at their last inspection and that the application had been circulated to Environmental Health and Devon County Highways in line with the Street Trading Policy. The comments of the latter were circulated with the papers.

 

The Applicant spoke in support of the application and responded to questions from Members and the Legal Advisor. He detailed how the food ingredients were sourced and the daily route taken by the van, many of the areas visited being construction sites, of which there were many throughout the city.

 

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; 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.