Agenda item

(Director of Governance) To consider the attached report and appendices.

The Chairman decided to consider this item first as the applicant in respect of Item 5 had not yet arrived.

The Chairman of the Sub-Committee, Councillor D Dorrell welcomed the participants and introduced the Members and officers present. The three Councillors that presided over this item were Councillors D Dorrell, N Bedford and J Jennings. The Chairman then requested that the participants introduce themselves to the Sub-Committee. In attendance on behalf of the application were Messrs R and S Fry.

The Chairman outlined the procedure that would be followed for the determination of the application.

(a)          Application for a Street Trading Consent

The Licensing Officer informed the Sub-Committee that 12 August 2016 the authority received an application made by Mr R Fry for a street trading consent to trade at Canes Lane Layby, A414 North Weald CM17 9LD. It was advised that the applicant did not wish to commission the buildings of the trailer until consent was granted and therefore did not possess public liability insurance or Foods Standards Certification at the current time. Therefore, the consent would not be issued until the applicant had produced certificates for both public liability and food standards.

It was noted that there was no requirement in the Local Government Miscellaneous Provisions Act 1982 to carry out a consultation. The Licensing Team notified Essex Police, Environmental Health, Highways Authority and the Parish Clerk of North Weald Bassett Parish Council. Further notification had been placed in the Council Bulletin and a public notice placed in the local Guardian newspaper. The authority had received no objections.

(b)          Presentation of the Applicant’s Case

Mr R Fry stated that he wished to start a new business and repeated the earlier information that he needed certificates for public liability and food standards.

(c)          Questions from the Sub-Committee

Members asked about the trading consent granted for this layby some time ago. The Licensing Officer advised that the consent which had been in place for Canes Lane Layby had not been renewed. Members asked about parking at the layby. Mr r Fry replied that customers tended to use one end of the layby for parking, however the Legal Officer present informed those present that the select committee could not make a decision on parking, the street trading consent was for that lane only. The applicant told the select committee that the trailer they would use was standard size.

(d)          Consideration of the Application by the Sub-Committee

At 10.10a.m. the Sub-Committee asked for the Council Chamber to be vacated for private deliberation. During their deliberations the Sub-Committee received advice from the legal officer that the Sub-Committee were not permited to specify the location of the trailer within the lane specified.

RESOLVED:

(1)  That the application for a Street Trading Consent at Canes Lane Layby, A414 North Weald CM17 9LD be granted for a period of 12 months, no trade shall be carried out by the applicant until they have provided the following:

(a)  Proof of public liability insurance; and

(b)  Certified copy of food standards certificate.