To consider the report of the Service Lead- Environmental Health & Community Safety.
Minutes:
The Chair introduced the Licensing Sub Committee Members and Officers to the Applicants present.
The Legal Advisor explained that as there were two applications for one pitch. The applications should be considered at the same time. The Applicants would present their applications one after the other and then the Licensing Sub Committee would retire to determine which application to be granted.
The Legal Advisor set out the law, policy and procedure for the hearing and the Applicants, who were in attendance confirmed that the procedure was understood.
First Application
The Principal Licensing Officer presented the first application which sought the approval of the Licensing Sub-Committee for a street trading consent for Castle Street, Exeter, to sell a range of Indian dishes from a static trailer with an application to trade for a 12 month period for the following hours with an additional period for food preparation and selling pattern. A proposed rest break was included.
· Monday to Thursday between 11:00 hours to 21:00 hours
· Friday and Saturday between 11.00 hours and 23:00 hours
· Sunday 14:00 hours to 20:00 hours.
The Applicant attended with their business partner who was registered as having a food business with Environmental Health at Exeter City Council and had achieved a five out of five rating at their last inspection.
The Applicant had submitted a photograph of the trailer that would be used, explaining that it was about to undergo some renovation, together with the menu which was included in the report papers. The application had received no representations from Exeter City Councils Environmental Health Department, Devon County Highways, Exeter City Council’s Corporate Property Department of from Members.
The Applicant and their business partner spoke in support of the application and responded to questions from the Legal Advisor and Members including:-
· that there was unmet demand for authentic Indian food;
· both vegan and vegetarian food options were included in the menu;
· local butchers, farm shops and food suppliers were used;
· the trailer would be made secure during the break period;
· propane gas, with an additional battery, would be used to supply the energy for cooking and storage;
· bins would be provided and staff would be responsible for ensuring the immediate areas were free from litter, and all utensils will be biodegradable.
RESOLVED that the second application set out in Minute 58 for a street trading consent to sell candy floss at Castle Street be refused, but the Applicant be encouraged to speak to the Licensing Team to discuss alternative sites.
RESOLVED that the first application set out in Minute 57 in respect of Indian Cuisine at Castle Street be approved for 12 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;
f) in line with the Council’s resolution of 24 April 2018, and any cutlery, food/ drink containers, and drinking straws used should not be made from single use plastics.