Licensing (Miscellaneous) Sub-Committee – 11 November 2011

Chair:  Councillor Clark
Venue:  Pittwood House, Ashby Road, Scunthorpe
Time:  10am

AGENDA

  1. Substitutions
  2. Declarations of personal or personal and prejudicial interests and significant contact with applicants, objectors or third parties (lobbying), if any
  3. To take the minutes of the meeting held on 6 October 2011 as a correct record and authorise the chair to sign
  4. Local Government (Miscellaneous Provisions) Act 1982 application for grant of street trading consent – Mr J Carroll, Scunthorpe Burger Hut, High Street, Scunthorpe
  5. Any other items which the chair decides are urgent by reason of special circumstances which must be specified.

MINUTES

PRESENT:  Councillor Clark in the Chair. 

Councillors P Vickers (Vice-Chairman), Barkworth, Ellerby and T Foster

The sub-committee met at Pittwood House, Scunthorpe.

950  DECLARATIONS OF PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – There were no declarations of personal or personal and prejudicial interests. 

951  MINUTES – Resolved – That the minutes of the meeting held on 6 October 2011, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

952  (11)  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 APPLICATIONS FOR GRANT OF STREET TRADING CONSENT – Mr J Carroll, Scunthorpe Burger Hut, High Street, Scunthorpe (along the side of the Library, opposite the new market) –- The Director of Neighbourhood and Environmental Services submitted a report concerning an application for a street trading consent, following the refusal of Mr Carroll’s previous site application along the frontage of HSBC Bank.  Details of the application were outlined within the report, together with letters of objection from the Town Centre Management Team and eight other interested parties.

The Director in his report reminded the sub-committee that the options available to it under the Local Government (Miscellaneous Provisions) Act 1982 when considering such applications were:

  • To grant the application as applied for with no additional conditions or restrictions.
  • To grant the application subject to different terms, conditions or restrictions.
  • To refuse to grant the application.

Mr Carroll attended the meeting.  However he declined the invitation to present submissions to the sub-committee in light of the number of objections received.  Members engaged in discussions with the applicant, the Town Centre Manager, the Market Manager and a representative from a local business, and then adjourned for deliberation.

Humberside Police did not attend the meeting.

When the meeting was reconvened the sub-committee – 

Resolved – (a) That the consent be refused based on the objections and evidence presented to the sub-committee and those raised by the Tourism and Market Officers, specifically obstruction to footways, obstruction to emergency vehicle access and concerns over offensive odours, and (b) consideration of Paragraph 15 of the Street Trading Policy – ‘We will normally only allow one trader to hold a consent in a specific location, unless the second applicant wishes to trade in a different commodity.  Therefore, we would only consider having one hot food trader in one location but would consider having a cold/non food trader, etc’