Agenda and minutes

Under the terms of reference for the Licensing Committee each Sub-Committee is required to elect a Chairman on an ad hoc basis for the duration of the meeting.

RESOLVED:

That, in accordance with the Terms of Reference for the Licensing Committee, Councillor Mrs P Brooks be elected Chairman for the duration of the meeting.

Councillor Ms S Clapp had given her apologies for this meeting. Councillor Mrs P Richardson was kind enough to take her place on the Panel.

(Assistant to the Chief Executive) To declare interests in any item on this agenda.

There were no declarations of interest made pursuant to the Member’s Code of Conduct.

The Sub-Committee noted the agreed procedure for the conduct of business, and the Terms of Reference.

To consider the attached report and representations.

The members who heard this application were Councillors Mrs P Brooks, Mrs J Hedges and Mrs P Richardson.

The Chairman welcomed the participants and introduced the members and officers present, and then requested that the participants introduce themselves to the Sub-Committee.

In attendance on behalf of the application were Mr J Fitzpatrick of Simba Softy, trading at Chester Road, Loughton IG10 2LR and in support Mr D Walker.

Representing Essex County Council, Highways and Transportation was Mr K Barrett, Highways Enforcement Officer. Also in attendance was Councillor A Lion.

(a)        The Application before the Sub-Committee.

The Legal Officer informed the Sub-Committee that an application had been received for a Street Trading Consent from a Mr J Fitzpatrick of Simba Softy for trading in Chester Road, Loughton. Representations had been made by the District Council’s Environment and Street Scene Directorate, Loughton resident’s Association (subsequently withdrawn),Loughton Town Council, Essex County Council Highways and Transportation, Mr Adams, Mr D Walker, Roisin Hyland, Sondra Dear, Mrs J Cooper and Mr a Sergent.

(b)       Presentation of the Applicant’s Case

Mr D Walker read a statement on behalf of Mr J Fitzpatrick.

Mr J Fitzpatrick had traded in Chester Road for over 10 years at a position generally local to Chester Close, selling to local residents and pupils of Davenant School. He traded at this location Monday to Friday 07.30 to 08.30 and from 15.30 to 16.30. He operated under a valid Hawkers License issued by the District Council in September 1990. He had been granted a Certificate of Hygiene and held public liability (Catering) insurance.

He had traded as an Ice Cream Vendor in the district for 25 years. He had been regularly invited by a number of schools and other public organisations in the district providing vending services at functions.

The location in Chester Road where Mr J Fitzpatrick parked his van was against a double pavement approximately 4.0 metres wide. This location presented no hazards to customers on the road.

Any litter dropped was minimal and it was his practice to collect any litter deposited around his van. He advised that 7 residents had sent letters in support of Mr J Fitzpatrick, in contrast it was understood that no letters of complaint had been received by the District Council.

Mr J Fitzpatrick informed the Sub-Committee that he was supporting his youngest son, due to go to university and therefore needed the work of the vendor.

(c)        Questions for the Applicant from the Sub-Committee

Councillor Mrs P Brooks asked under what circumstances he had traded at Davenant School. Mr J Fitzpatrick replied that he had a contract stipulating that he could trade on their property.

(d)       Questions for the Applicant from the Objector

Mr K Barrett of Essex County Council Highways and Transportation said he had no questions.

(e)       Presentation of the Objector’s Case

Mr K Barrett, Essex County Council Highways and Transportation, said that initially the county council had objected to this application. However Mr K Barrett had  ...  view the full minutes text for item 120.

To consider under the Local Government (Miscellaneous Provisions) Act 1976 and the Town and Police Clauses Act 1847, breaches of the Taxi Interim Test by the following individuals:

(a)        Mr Muddabar Hussain;

(b)        Ms Shirley Bates;

(c)        Olympic Taxis;

(d)        Mr Wayne Massey;

(e)        Mr Harris;

(f)         Mr Sheikh;

(g)        Mr Urhan; and

(h)        Ms Claire Lawson

The Licensing Unit had identified a breach in the licensing conditions of the following, in respect of interim vehicle tests not having been completed:

(a)        Mr M Hussain;

(b)        Ms S Bates;

(c)        Olympic Taxis;

(d)        Mr W Massey;

(e)        Mr Harris;

(f)         Mr Sheikh;

(g)        Mr Urhan; and

(h)        Ms C Lawson

However since the agenda for this meeting had been published the Sub-Committee was informed that satisfactory inspections had been completed for all of the above except Mr M Hussain, it was reported that he was currently away and on his return officers would ensure that his interim test was completed.

RESOLVED:

(1)        That the Hackney Carriage Vehicle Licence for Ms S Bates, Olympic Taxis, Mr W Massey, Mr Harris, Mr Sheikh, Mr Urhan and Ms C Lawson continue as an inspection had been satisfactorily carried out; and

(2)        That the Hackney Carriage Vehicle Licence for Mr M Hussain be temporarily suspended until officers can arrange an interim inspection.