Agenda and minutes

Members are asked to declare any disclosable pecuniary or affected interests in respect of any matter to be considered at this meeting.

Any Member with a Disclosable Pecuniary Interest in a matter should withdraw from the meeting when the matter is under consideration and should notify the Democratic Services Officer in attendance that they are withdrawing as they have such an interest. If the Disclosable Pecuniary Interest is not entered on the register of Members interests the Monitoring Officer must be notified of the interest within 28 days.

Any Member with an affected Interest in a matter must disclose the interest to the meeting.  There is no requirement to withdraw from the meeting when the interest is only an affected interest, but the Monitoring Officer should be notified of the interest, if not previously notified of it, within 28 days of the meeting.

There were no declarations of interest.

The procedure for hearings at Licensing Panels was noted and understood by all present.

Annex A – street trading consent policy

Annex B – current street trading consent

Annex C – application

Annex D – locations

Annex E – objection Cllr Mrs Birch

Annex F – objection Cllr Ingham

Annex G – objection Cllr Tullett

Annex H – objection Cllr Tullett (additional)

Annex I – standard conditions

The Panel carefully considered all the information presented, both written and oral, from:

·         the Licensing Officer;

·         the Applicant,

·         and those who had made representations

and with reference to the Council’s own Policy for Determination of Street Trading Consents and paragraph 7(2) of Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982. The Panel also took into account the concerns of the ward Councillors for Hanworth, two of whom were in attendance at the Panel meeting. At the conclusion of the proceedings all participants present confirmed that they had been given the opportunity to say all they wished to say.

After careful consideration of all the information presented, the Panel came to the decision to grant the variation of street trading consent to the applicant at

the existing location in Leppington car park, for a trial period of 3 months commencing on Monday 30 July 2018. The Panel agreed to grant the hours of authorised trading times as applied for, namely 16:30 to 23:00 Monday to Friday, and 16:00 to 23:00 on Saturday and Sunday. Although outside of the Licensing Panel’s jurisdiction as to the matter of determination of the application itself, the Panel, on hearing the applicant’s own suggestion on the matter, stated that it also wished to make recommendation to the Council’s Property team. The Panel requested that the Property team to liaise with the applicant with a view to review and to potentially reduce the number of hatch-marked bays allocated for the applicant’s sole use in Leppington car park from seven to five, to alleviate disabled parking concerns in the area.

Reasons

The Panel found no evidence in the written and oral submissions from the Licensing Officer or ward Councillors to suggest that the general principle of street trading at Leppington car park was contested.

The Panel noted the concerns raised by ward Councillors, which included concerns of limited disabled parking provision in the car park, the position of your unit close to a school and nursery from which children would be escorted to and from cars in the car park, and the provision of high fat foods close by to schools. However, the Panel did not consider that these concerns were sufficient reason to justify it refusing the application to variation to the existing street trading consent. The Panel did not consider that concerns of limited disabled parking provision in the car park was a material consideration for this Licensing Panel in respect of this particular application before it.

The Panel recognised that there had been no contest to the applicant’s operation at the location for as long as he had been operating under the previously consented hours of 17:30 to 23:00 Monday to Sunday.

The Panel considered concerns of littering in Leppington car park, and the applicant confirmed that he had and would continue to place bins on the outside of your unit for customers to use. The Panel, however, considered that there was no evidence before it of litter in Leppington car park  ...  view the full minutes text for item 41.