Agenda for Licensing (Miscellaneous) Sub-Committee B on Friday 21st July 2017, 10.30 a.m.

Agenda and minutes

Licensing (Miscellaneous) Sub-Committee B
Friday 21st July 2017 10.30 a.m.

Venue: Parkside Suite - Parkside. View directions

Contact: Pauline Ross 

Items
No. Item

1/17

Apologies

Minutes:

An apology for absence was received from the Reserve Member, Councillor H. J. Jones.

2/17

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:

No declarations of interest were received.

3/17

Application for a Street Trading Consent, Layby, Southbound A491, DY9 9UG pdf icon PDF 143 KB

Additional documents:

Minutes:

Prior to the commencement of the Hearing the Sub-Committee and the Council’s Legal Advisor were informed that the applicant had not received the Supplementary Agenda Papers published on 12th July 2017, which detailed an additional representation received during the consultation period in respect of the applicant’s Street Trading Consent application. 

 

Members were also informed that those residents who had submitted representations were not in attendance.  In light of all of this information, the Sub-Committee agreed that the Hearing would commence once the applicant had had time to read the Supplementary Agenda Papers and felt that he was in a position to present his case. 

 

The Hearing commenced at 11:05 a.m.

 

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

 

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 considered an application for street trading consent to sell hot and cold food and drinks from a layby on the A491 Southbound, DY9 9UG.

 

It was confirmed that all three Members of the Sub-Committee and the Council’s Legal Advisor had conducted a site visit, an unannounced visit to the site for which the application had been submitted.

 

The Technical Officer (Licensing), Worcestershire Regulatory Services (WRS) outlined the details of the application, together with the reasons why the application had been brought before the Sub-Committee.  It was confirmed that the Responsible Authorities had been consulted with and that no representations had been received.  Members were further informed that three representations had been received from local residents, as detailed at Appendix 2 to the report and the Supplementary Agenda Pack published on 12th July 2017.

 

At the invitation of the Chairman, the applicant, Mr. J. Riley then put forward his case in support of the application.

 

Mr. Riley provided the Sub-Committee with additional background information, namely a detailed printed document which addressed all of the concerns raised by local residents. The document also provided details of the quiet running suitcase generator that would be used in the catering van, the opening hours of other venues in the vicinity that offered food and drink (The Holly Bush Inn, Five Spice Restaurant and The Bell) and photographs of the layby.

 

Mr. Riley then proceeded to go through the document in order to highlight to the Sub-Committee that he had considered and addressed the concerns as raised by local residents in respect of his Street Trading Consent application as follows:-

 

·         Residential Area

·         Traffic Volume

·         Footpaths

·         Litter

·         Opening times of other food and drink venues in the vicinity

·         Signage

·         Toilets

·         Parked Vehicles

 

Mr. Riley informed the Sub-Committee that he had secured a waste disposal licence from Bromsgrove District Council, so that waste would be collected and disposed of correctly.  The catering van had been fully refurbished to an excellent standard and he had fitted  ...  view the full minutes text for item 3/17

4/17

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

 

6

1, 2 and 3

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                 Paragraphs

5/17                            1, 2 and 3  

6/17                            1, 2 and 3

7/17                            1, 2 and 3 

5/17

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

Minutes:

Members were provided with a brief verbal update as to why this agenda item had been withdrawn.

6/17

Hackney Carriage and 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 officers from Worcestershire Regulatory Services.

 

The Technical Officer (Licensing), Worcestershire Regulatory Services (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 and his representative 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 Vehicle driver note the requirement placed upon him by the Sub-Committee and once completed attend a future meeting of the Licensing Sub-Committee.

7/17

Hackney Carriage Vehicle - Application

Minutes:

The Sub-Committee considered an application for the grant of a licence to use a vehicle as a Hackney Carriage that falls outside of the Council’s Hackney Carriage and Private Hire Handbook which restricts vehicles in the District with tinted windows that conceal the identity of passengers inside the vehicle.

 

The Technical Officer (Licensing), Worcestershire Regulatory Services (WRS) outlined the details of the application together with the reasons why the application had been brought before the Sub-Committee, detailing 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 application and answered a number of questions from Members of the Sub-Committee and the Council’s Legal Advisor.

 

Sub-Committee Members inspected the vehicle on two separate occasions, in two different locations to determine the level of tint on the windows of the vehicle.

 

The Sub-Committee then adjourned to consider its decision, upon its return it was:

 

RESOLVED that the application be granted.