Licensing (Miscellaneous) Sub-Committee – 1 August 2019
Chairman: Councillor K Vickers
Venue: Room GO1e, Church Square House, Scunthorpe
Time: 2 pm
E-Mail Address: matthew.nundy@northlincs.gov.uk
AGENDA
- Substitutions (if any)
- Declarations of Disclosable Pecuniary Interests and Personal or Personal and Prejudicial Interests (if any).
- Local Government (Miscellaneous Provisions) Act 1982 – Application for the grant of a Street Trading Licence by Johnson Catering, Site D, High Street, Scunthorpe
- Any other items which the chairman decides are urgent by reasons of special circumstances which must be specified.
MINUTES
PRESENT: – Councillor K Vickers in the Chair.
Councillors Clark, Rayner and Swift.
The sub-committee met at Church Square House, Scunthorpe.
1637 DECLARATIONS OF DISCLOSABLE PECUNIARY INTERESTS, PERSONAL OR PERSONAL AND PREJUDICIAL INTERESTS AND SIGNIFICANT CONTACT WITH APPLICANTS, OBJECTORS OR THIRD PARTIES (LOBBYING) – There were no declarations of disclosable pecuniary interests and personal or personal and prejudicial interests.
No lobbying was declared.
1638 LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 – APPLICATION FOR GRANT OF STREET TRADING LICENCE, JOHNSON CATERING, SITE D, HIGH STREET, SCUNTHORPE – The Director: Operations submitted a report advising members of an application for the grant of a street trading consent at Site D, High Street, Scunthorpe.
The report contained background information on the process for determining such applications, the information to be taken into account and the circumstances in which the sub-committee could grant a licence.
The options available to the sub-committee when considering the application were:
- To grant the application for a Street Trading Licence as applied for with no additional conditions.
- To grant the application for a Street Trading Licence subject to different terms, conditions or restrictions.
- To refuse the application for a Street Trading Licence.
Should the sub-committee refuse the licence or impose additional terms, conditions or restrictions then the applicant may appeal to the Magistrates Court within 21 days from the date on which he was notified of the decision.
Should the Magistrates uphold the decision of the council, the applicant had further recourse to the Crown Court.
The procedure for dealing with such applications at meetings of the sub-committee had previously been circulated to members.
The applicant attended the meeting, made submissions and responded to questions.
Resolved – That after hearing the representation made by the applicant at the hearing on 1 August 2019, including his responses to the questions posed by councillors, the sub-committee noted that the application detailed two sites in relation to the Scunthorpe High Street.
The decision of the Sub-Committee was to refuse the applicant’s first site, referred to by the applicant as SITE 1 and which for the avoidance of doubt was located within SITE D in the council’s Street Trading Licensing Policy. This was because the Licensing Policy does not allow for hot food activities within Site D. In addition, the Sub-Committee was concerned that granting the application would result in the loss of public amenities within Site D on the High Street.
The Sub-Committee unanimously agreed that the applicant’s second choice (highlighted in blue on the application in Appendix C of the agenda documentation) may be more suitable but this would require a full consultation to be undertaken prior to the licence being issued. Should any objections be received in respect of the applicant’s second site, the application would be referred back to the Licensing (Miscellaneous) Sub-Committee for determination, in accordance with the council’s Street Trading Licensing Policy. If no objections were received in respect of the applicant’s second choice site, the Sub-Committee were agreeable to a licence being granted in respect of this second site.