21 January 2020 Committee Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicles, Drivers and Operators) Date Wednesday, 29 January 2020 Time of Meeting 10:30 am Venue Tewkesbury Borough Council Offices, Severn ALL MEMBERS OF THE SUB-COMMITTEE ARE REQUESTED TO ATTEND Agenda 1. ELECTION OF CHAIR To elect a Chair for the ensuing meeting. 2. ANNOUNCEMENTS When the continuous alarm sounds you must evacuate the building by the nearest available fire exit. Members and visitors should proceed to the visitors’ car park at the front of the building and await further instructions (during office hours staff should proceed to their usual assembly point; outside of office hours proceed to the visitors’ car park). Please do not re-enter the building unless instructed to do so. In the event of a fire any person with a disability should be assisted in leaving the building. 3. DECLARATIONS OF INTEREST Pursuant to the adoption by the Council on 26 June 2012 of the Tewkesbury Borough Council Code of Conduct, effective from 1 July 2012, as set out in Minute No. CL.34, Members are invited to declare any interest they may have in the business set out on the Agenda to Gloucester Road Tewkesbury Glos GL20 5TT Member Services Tel: (01684) 272021 Fax: (01684) 272040 Email: [email protected] Website: www.tewkesbury.gov.uk Item Page(s) which the approved Code applies. 4. APPLICATION FOR THE GRANT OF A STREET TRADING 1 - 42 CONSENT To determine an application for street trading consent in respect of Gambet Road, Brockworth. 5. SEPARATE BUSINESS The Chairman will move the adoption of the following resolution: That under Section 100(A)(4) Local Government Act 1972, the public be excluded for the following items on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12A of the Act. 6. APPLICATION FOR THE GRANT OF A PRIVATE HIRE DRIVER'S 43 - 91 LICENCE (Exempt –Paragraph 2 of Part 1 of Schedule 12A of the Local Government Act 1972 – Information which is likely to reveal the identity of an individual) To determine an application for the grant of a private hire driver’s licence. COUNCILLORS CONSTITUTING SUB-COMMITTEE Councillors: G J Bocking, P A Godwin and C Softley Reserve: G F Blackwell 2 Agenda Item 4 TEWKESBURY BOROUGH COUNCIL Report to: Licensing Sub-Committee (Street Trading and Hackney Carriage and Private Hire Vehicles, Drivers and Operators) Date of Meeting: 29 January 2019 Subject: Application for the Grant of a Street Trading Consent Report of: Senior Licensing Officer Corporate Lead: Deputy Chief Executive Lead Member: Lead Member for Clean and Green Environment Number of Appendices: 4 Executive Summary: Mrs Tulay Erogul has applied for the grant of a street trading consent for a location at Gambet Road, Brockworth and objections have been received from Gloucestershire County Council Highways and Gloucestershire Constabulary. Recommendation: To DETERMINE whether or not to grant a street trading consent to Mrs Tulay Erogul in respect of her application for Gambet Road, Brockworth. Reasons for Recommendation: Under the Council’s Street Trading Policy, applications for new street trading consents will undergo a consultation process and those which attract objections from consultees will be referred to a Licensing Sub-Committee for determination. Resource Implications: None 1 Legal Implications: Rights of Appeal There is no right to appeal against a decision to grant or refuse a street trading consent. Human Rights The Human Rights Act 1998 incorporates the key articles of the European Convention on Human Rights into domestic law. Decisions on licensing matters are actions of a public authority and must be compatible with Convention rights. Consequently, Members of the Sub- Committee must be aware of the rights contained in the Convention (particularly those set out below) when making licensing decisions. a) Article 6: Right to a Fair Trial 6(1) In the determination of his or her civil rights and obligations, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. (b) Article 8: Right to Respect for Private and Family Life Everyone has a right to respect for his or her private life, his or her home and correspondence. (c) Article 14: Prohibition of Discrimination The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, or other status. Full reasons will need to be given should Members resolve to refuse the application. Other legal implications are as set out elsewhere in the report. Risk Management Implications: None Performance Management Follow-up: If the application is granted by the Sub-Committee, a licence will be issued. If the application is refused, the applicant will be notified of the decision in writing. Environmental Implications: None 1.0 INTRODUCTION/BACKGROUND 1.1 Under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, district councils may designate any street in their district as: (i) a prohibited street, where street trading may not take place; (ii) a licence street, where a street trading licence is required; or (iii) a consent street, where street trading consent is required. Gambet Road, Brockworth, has been designated as a consent street, therefore any person who wishes to trade in that location must first obtain the consent of the Council. 2 1.2 The Council’s street trading policy requires all new applications for street trading consent to undergo a consultation process, whereby comments are invited from the following consultees: Gloucestershire Constabulary Gloucestershire Highways Relevant Town / Parish Council(s) Borough Councillor(s) for the relevant Ward(s) Environmental Health Authority Planning Authority Additionally, the application must be advertised locally by way of a notice being displayed at the proposed location for at least 14 days to give residents and businesses the opportunity to comment. 1.3 The Council will have regard to all of the circumstances and all of the representations and objections that it receives. The Council will normally grant or renew a street trading consent unless, in its opinion: a significant effect on road safety would arise either from the siting of the trading activity itself, or from customers visiting or leaving the site; there are concerns over the recorded level of personal injury accidents in the locality where the street trading activity will be sited; there would be a significant loss of amenity caused by traffic, noise (whether from trading unit or its customers), light pollution, rubbish, air quality, potential for the harbourage of vermin; there is already adequate like provision in the vicinity of the site to be used for street trading purposes; there is a conflict with Traffic Orders such as waiting restrictions; the site or pitch obstructs either pedestrian or vehicular access, or traffic flows, or places pedestrians in danger when in use for street trading purposes; street trading activities would undermine the safe and efficient passage along public highways and cause congestion; the pitch interferes with sight lines for any road users such as at road junctions, or pedestrian crossing facilities; the site does not allow the Consent Holder, staff and customers to park in a safe manner; the trading activity would detract from the visual or other attractions of the area in which it takes place, particularly designated Conservation Areas, Areas of Outstanding Natural Beauty and Sites of Special Scientific Interest; street trading activities would conflict with the solemnity and tranquillity that can reasonably be expected at sensitive locations, such as close to a place of worship, cemetery, crematorium etc; the street trading activity is carried out after dusk and the site is not adequately lit to allow safe access and egress from the site for both customers and staff; or a consent has already been granted to another person to trade similar articles in the immediate vicinity. 3 2.0 THE APPLICATION 2.1 Mrs Tulay Erogul has submitted an application for street trading consent in respect of Gambet Road, Brockworth. A copy of the application is attached at Appendix A. The location is illustrated at Appendix B (please note: the vehicle shown on Appendix B is to demonstrate the location, it is not the trading vehicle. The trading vehicle is depicted on the application form at Appendix A). 2.2 Mrs Erogul has applied for consent to trade at the following times: Every day 16:30 – 23:00 2.3 The proposed goods to be sold are: Kebabs, burgers, fresh chicken wraps, chips, fresh salad boxes, cold soft drinks. 2.4 Mrs Erogul has proposed the following condition which will be added if consent is granted: The consent holder will provide a rubbish bin for customers. At the end of trading a sweep will be made of the immediate vicinity. Used cooking oil will be disposed of through a licensed agent. Environmental Health Officers have confirmed they are satisfied with this proposal and have made no other comments about the application. 2.5 During the consultation process, objections were received from Gloucestershire Highways and Gloucestershire Constabulary. These are attached at Appendix C. 3.0 DECISION 3.1 In coming to its decision, the Sub-Committee should consider all of the information contained in this report and its appendices. The applicant has been invited to attend the meeting and to be represented if they so wish. 3.2 The Sub-Committee may: a) grant street trading consent because they consider the location to be suitable for street trading; or b) refuse street trading consent because they consider the location to be unsuitable for street trading.