Licensing (Miscellaneous) Sub-Committee – 6 October 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 28 July 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. Local Government (Miscellaneous Provisions) Act 1982 application for grant of street trading consent – E Gawell, Hot BBQ, High Street/Frodingham Road, Scunthorpe
  6. 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 Wells

The sub-committee met at Pittwood House, Scunthorpe.

945  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. 

946  MINUTES – Resolved – That the minutes of the meeting held on 7 April 2011, having been printed and circulated amongst the members, be taken as read and correctly recorded and be signed by the chair.

947  ENVIRONMENTAL HEALTH REPRESENTATION – A general  discussion prior to the meeting requested that there be representation from North Lincolnshire Council’s Environmental Health Team to address general Health and Safety concerns.  The meeting was adjourned until 10.30am.

948  (9)  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 APPLICATIONS FOR GRANT OF STREET TRADING CONSENT – Mr J Carroll, Scunthorpe Burger Hut, High Street, Scunthorpe –- The Director Neighbourhood and Environment Services submitted a report concerning an application for a street trading consent. Details of the applications were outlined within the report, together with letters of objection from the Town Centre Managers and the Managing Director of b&m Retail Ltd.

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 with his son, and presented submissions to the sub-committee.  Members engaged in discussions with the applicant, the Tourism and Town Centre Team Manager and a representative from the council’s Environmental Health Team, and then adjourned for deliberation.

Humberside Police did not attend the meeting.

When the meeting was reconvened the sub-committee

Resolved – (a) That based on the objections and the evidence presented to the sub-committee the license be refused on the grounds that the hut was unsuitably located in the prime location of the High Street, (b) that odours created by the business were causing a negative impact on neighbouring and adjoining businesses, (c) that the decision be with immediate effect, and (d) that the sub-committee would like to submit the following advisory, that the business in principle is not viewed negatively and would advise the applicant to work closely with the council’s Licensing Team to find a more appropriate location.

949  (10)  LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 APPLICATIONS FOR GRANT OF STREET TRADING CONSENT – Mrs E Gawell, Hot BBQ High Street/Frodingham Road Scunthorpe –- The Director Neighbourhood and Environment Services submitted a report concerning an application for a street trading consent.  Details of the applications were outlined within the report, together with letters of objection from the Town Centre Managers.

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.

The applicant did not attend the meeting, and submissions were presented to the sub-committee by the applicant’s husband.  Members engaged in discussions with the applicant over the suitability of various sites proposed by the applicant, and gained further information from the Tourism and Town Centre  Team Manager and the representative from the Environmental Health Team.  The sub-committee then adjourned for deliberation.

Humberside Police did not attend the meeting.

When the meeting reconvened the sub-committee

Resolved – (a)  That the license be granted, (b) that the business to be located on Frodingham Road in accordance with the locations specified on plan 6 appended to the application, and (c) that the exact location be specified by the council’s Licensing Team