Agenda for Licensing (Miscellaneous) Sub-Committee A on Tuesday 10th December 2019, 10.00 a.m.

Agenda and minutes

Licensing (Miscellaneous) Sub-Committee A
Tuesday 10th December 2019 10.00 a.m.

Venue: Room 54 - Training - Parkside. View directions

Contact: Pauline Ross 

Items
No. Item

8/19

Apologies

Minutes:

There were no apologies for absence.

9/19

Declarations of Interest

To invite Councillors to declare any Disclosable Pecuniary Interests or Other Disclosable Interests they may have in items on the agenda, and to confirm the nature of those interests.

Minutes:

There were no declarations of interest received.

 

10/19

Application for a Street Trading Consent, A38 Layby, Buntsford Hill, Bromsgrove, B60 4JE pdf icon PDF 57 KB

Additional documents:

Minutes:

The Chairman opened the Hearing and introduced the Members of the Sub-Committee, and officers present.

 

Councillors H. J. Jones and C. J. Spencer confirmed that they had carried out an unannounced Site Visit to the proposed trading site.  Councillor H. D. N. Rone-Clarke confirmed that he had not carried out a Site Visit.

 

The Chairman asked the applicant if he had been made aware that he could be represented by a legal representative at his own expense during the Hearing.  The applicant confirmed that he had been made aware and was happy for the Hearing to continue.

 

The Sub-Committee then considered an application for a Street Trading Consent to sell hot and cold food and drinks from a unit located on the A38 layby, Buntsford Hill, Bromsgrove, B60 4JE.

 

In response to the Chairman, the Technical Officer (Licensing), Worcestershire Regulatory Services (WRS), clarified that the applicant was looking to trade Monday to Saturday, 7:00am to 3:00pm, and not 7:00am to 3:00am as detailed in paragraph 2.2 in the report. 

 

The Technical Officer (Licensing), WRS, outlined the details of the application, together with the reasons why the application had been brought before the Sub-Committee; and in doing so drew Members’ attention to the representation that had been received, as detailed at Appendix 2 to the report. 

 

The Technical Officer (Licensing), WRS, further informed Members that a trader had previously operated from the location for several years, selling hot and cold food and drinks. The trader had recently ceased trading.  There was no provision in the Council’s Street Trading policy for the transfer of a Street Trading consent; therefore the Applicant was informed that he had to submit a new Street Trading Consent application.

 

The Technical Officer (Licensing), WRS, explained that the previous trader, had traded from 7:00am to 1:30pm and that during 2010 to 2011 he had traded from 6:30am to 2:00pm, Monday to Saturday.

 

In response to the Chairman, the Technical Officer (Licensing), WRS, stated that he had contacted the resident, who had submitted a representation in objection to the application; but had not received a response and was therefore unable to confirm as to where the resident resided with regard to the proposed street trading location.  Members were further informed that a letter had been hand delivered to properties within close proximity to the proposed location, in order to notify them about the Street Trading Consent application.

 

In response to the Chairman, the Applicant stated that he intended to purchase the previous trader’s mobile unit to trade from.

 

In response to the Chairman, the Technical Officer (Licensing), WRS, confirmed that no representations had been received from any of the Consultees, as detailed at paragraph 3.3.1 in the report, which had included Highways England.  

 

At the invitation of the Chairman, Mr. Palmer, the Applicant spoke in favour of his application and in doing so, informed the Sub-Committee that catering traders had been on the site for over 30 years.  The previous trader had traded at the location for 10 years  ...  view the full minutes text for item 10/19

11/19

Local Government Act 1972

"RESOLVED: that under Section 100 I of the Local Government Act 1972, as amended, the public be excluded from the meeting during the consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part I of Schedule 12A to the Act, as amended, the relevant paragraphs of that part being as set out below, and that it is in the public interest to do so:-

 

Item No.

Paragraphs

 

7

1, 2 and 3

 

8

1, 2 and 3

"

 

Minutes:

“RESOLVED that under Section 100 I of the Local Government Act 1972, as amended, the public be excluded from the meeting during the consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part I of Schedule 12A to the Act, as amended, the relevant paragraphs of that part, being as set out below, and that it is in the public interest to do so:-

 

Minute No’s              Paragraphs

12/19                          1, 2 and 3

13/19                          1, 2 and 3“

12/19

Renewal Application - Private Hire Vehicle

Minutes:

The Sub-Committee considered a renewal application made for exemption to the Council’s Private Hire Vehicle Licence Policy that restricted the age of a wheelchair accessible Private Hire Vehicle licensed in the District to twelve years of age from the date of first registration.

 

The Technical Officer (Licensing), Worcestershire Regulatory Services (WRS) outlined the details of the renewal application, together with the reasons why the renewal application had been brought before the Sub-Committee, detailing page 21(h) of the Council’s Hackney Carriage and Private Hire Handbook.

 

At the invitation of the Chairman, the applicant put forward his case in support of his renewal application and answered a number of questions from Members of the Sub-Committee.

 

The Sub-Committee then adjourned to consider its decision.  Upon its return it was:-

 

RESOLVED that the renewal application be granted.

 

 

13/19

Review of a Hackney Carriage and Private Hire Driver's Licence

Minutes:

The Sub-Committee reviewed the holder of a Hackney Carriage and Private Hire driver’s licence in light of information received from Worcestershire Regulatory Services (WRS).

 

The Technical Officer (Licensing), WRS, outlined the details of the matter, together with the reasons why this had been brought before a Hearing of the Sub-Committee. 

 

At the invitation of the Chairman, the driver put forward his case and answered a number of questions from Members of the Sub-Committee and the Council’s Legal Advisor.

 

The Sub-Committee then adjourned to consider its decision.  Upon its return it was

 

RESOLVED that the Hackney Carriage and Private Hire driver’s licence be revoked.