Location: Shimkent Room, Daneshill House
Present: Members: Councillors B.G. Dunnell (Vice-Chair in the Chair), J. Hollywell, P.D. Kissane, A.J.R. McCarthy, R.G. Parker, J.R. Raynor, D. Royall, CC, A.T. Turner.
Others:
Duration:
Start - 6.00pm
End - 7.35pm
Status: Noted
Business: Apologies for absence were submitted on behalf of Councillors C. Latif (Chair) and M. Notley. There were no declarations of interest.
Decision:
Status: Agreed
Business:
Decision: It was RESOLVED that the Minutes of the meeting of the Committee held on 25th June 2002, having been circulated, be taken as read, confirmed and signed by the Chair as a correct record.
Status: Agreed
Business:
Decision: It was RESOLVED that the Minutes of the meeting of the Committee held on 21st May 2003, having been circulated, be taken as read, confirmed and signed by the Chair as a correct record.
Status: Agreed
Business: The Committee considered the report of the Chief Executive detailing its terms of reference.
Decision: It was RESOLVED that the terms of reference be noted.
Status: Noted
Business: The Committee noted the procedure to be followed at the meeting.
Decision:
Status: Noted
Business: There were no items of urgent business.
Decision:
Status: Agreed
Business:
Decision: It was RESOLVED that under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 4 of Part 1 of Schedule 12A of the Act.
Status: Agreed
Business: The Chair introduced those present to the appellant and explained the procedure to be followed at the meeting, a copy of which had been sent to him in advance.
The appellant presented his case verbally and in writing to the Committee. The Environmental Health Officers and Members of the Committee asked questions of the appellant.
The Committee considered the report of the case prepared by the Environmental Health Officers. The appellant and Members of the Committee asked questions of the Environmental Health Officers.
The Environmental Health Officers and appellant made closing speeches, following which they withdrew from the meeting whilst the Committee considered the matters raised. The appellant was informed that he would be advised of the Committee's decision in writing within the next few working days.
Decision: Following consideration of the case, it was RESOLVED:
That the appeal made by Mr D.X. against Officer's refusal of renewal of Street Trading Consent be dismissed on the following grounds:-
1. The structure currently being used for the preparation and storage of food at 7 Barclay Crescent is unsuitable for a food business in that it is not properly proofed against pests and that the drainage of this structure is insufficient for the operation of a food business.
Reason: The Committee believed the Officers' claim that:
(a) the structure was unsuitable for the preparation of food to be sold under the Street Trading Consent.
(b) they could not advise the appellant to improve the structure, which was illegal because it lacked planning permission.
2. Complaints had been received from neighbours with regard to noise late at night when the vehicle returned from trading, blockage of the drain with grease, and delivery vehicles causing disturbance in a residential area.
Reason: The Committee believed that the Officers' claim was genuine.
3. The premises where food is prepared and stored does not have appropriate planning permission.
Reason: The premises being illegal, consenting trading which is attached to such premises was against Council Policy."
[Notes:
(i) The Committee advised that the Council should provide the appellant assistance in finding more appropriate premises for the preparation of food, such as a small unit in a commercial/industrial area, which would not be in breach of the above three paragraphs. Should the appellant find suitable alternative premises then he would need to submit a fresh application to the Council for Street Trading Consent.
(ii) The appellant would be advised that, in accordance with the Local Government (Miscellaneous Provisions) Act 1982, there was no right of appeal against the above decision].
Status: Noted
Business: There were no items of urgent Part II business.
Decision:
Status: Noted
Business: No items were referred to Council for decision.
Decision: