Agenda for Licensing (Miscellaneous) Sub-Committee B on Friday 15th February 2013, 10.00 a.m.

Agenda and minutes

Licensing (Miscellaneous) Sub-Committee B - Friday 15th February 2013 10.00 a.m.

Venue: The Council House, Burcot Lane, Bromsgrove. View directions

Contact: Pauline Ross 

Items
No. Item

15.

Apologies for absence and notification of substitutes

Minutes:

An apology for absence was received from Councillor Miss P. A. Harrison.

16.

Declarations of Interest

Minutes:

No declarations of interest were received.

17.

Procedure

Minutes:

The Chairman opened the Hearing and introduced the Members of the Sub-Committee and officers present to the Applicant and all parties present.

 

The Chairman invited all parties present to introduce themselves and reminded all parties present of the procedure to be followed during the Hearing.

18.

Application for a Street Trading Consent, Mr. Atila Kayaoglu, A38 Birmingham Road, Bromsgrove, pdf icon PDF 66 KB

Additional documents:

Minutes:

The Sub-Committee was asked to consider an application for a Street Trading Consent in respect of Mr. Atila Kayaoglu to provide kebab, chicken kebab, burger, chips, hot and cold drinks from a mobile unit site at A38 lay by adjacent to the former Mount School, Birmingham Road, Lickey End, Bromsgrove, Worcestershire, B61 0EP.

 

The Council’s Legal Advisor informed all those present that Members of the Sub-Committee had carried out an unannounced Site Visit to the proposed trading site prior to the Hearing.

 

The Council’s Legal Advisor informed all those present that Members had been informed prior to the commencement of the Hearing that the applicant’s interpreter was unable to attend the Hearing.  The applicant’s solicitor had requested that the ten minutes allocated to present the applicant’s case, as detailed in the Street Trading Consent Application, Hearing Procedures, be extended, if needed, in order for the applicant to fully understand any questions raised and to agree any responses made by her.  The Council’s Legal Advisor informed all those present that the Sub-Committee had agreed to the request and stated that the objectors would be given additional time, if required, in order for the applicant to fully understand the objections raised and to agree any response provided by his solicitor.

 

The Licensing Officer outlined the details of the application, together with the reasons why the application had been brought before the Sub-Committee.  The application was subject to a Hearing in the light of eight representations received from properties near to the proposed site. 

 

At the invitation of the Chairman, the case for the applicant was put forward by Ms. A. Pillinger, MFG Solicitors.  She informed the Sub-Committee that the applicant Mr. Atila Kayaoglu had applied to trade at the proposed site between 5:00 p.m. - 11:00 p.m. Mr. Kayaoglu wanted to reassure those that had made representation that he would be at the proposed site to set up at 4:30 p.m. and would cease trading at 11:00 pm. Therefore leaving the proposed site as soon as possible once he had collected any litter and removed his rubbish bins.  Ms. Pillinger informed the Sub-Committee that Mr. Kayaoglu could provide the Sub-Committee with evidence of his Trade Waste Agreement.  Mr. Kayaoglu would remove any rubbish from the proposed site with the rubbish being taken and collected from Powick, where Mr. Kayaoglu would store his mobile unit when not trading.  Ms. Pillinger further informed the Sub-Committee that Mr. Kayaoglu had traded on a pub car park in a residential area of Gloucester for the last twelve months and had not received any complaints in respect of smell, litter or noise.  Whilst trading at the pub Mr. Kayaoglu had received a five star food hygiene rating.  The pub was closing down so the proposed site in Bromsgrove would be the only site Mr. Kayaoglu would trade from, with help when needed from family members, should the Street Trading Consent be approved.  Ms. Pillinger had visited the proposed site and was of the opinion that even with  ...  view the full minutes text for item 18.

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 item of business on the grounds that it involves 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

 

6

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 consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Part I of Schedule 12A to the Act, as amended, the relevant paragraphs of the part, being as set out below, and that it is in the public interest to do so:-

 

Minute No.                  Paragraphs

   20/12                       1, 2 and 3

20.

Hackney Carriage / Private Hire Vehicle Driver's Licence - Review

Minutes:

The Sub-Committee considered matters in relation to a holder of a combined Hackney Carriage and Private Hire Vehicle Driver’s Licence in light of information received by the Licensing Officer.

 

The Licensing Officer outlined the details of the matter, together with the reasons why this had been brought before the Sub-Committee.

 

At the invitation of the Chairman, the applicant’s representative put forward his case and answered as 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 driver be issued with a warning with regard to his behaviour and future behaviour.