Agenda item

Report of the Environmental Health Team Manager

The Environmental Health Team Manager presented the report to Members. He advised them that the purpose of the report was to consult Members on the draft Street Trading Policy.  He reminded Members that the last Policy review was quite significant, however now there were further considerations to consider. He informed Members that he would take them through the changes and welcomed any comments from Members.

Proposed Changes to Current Policy

Assessing the Suitability of a Proposed New Trading Location

The Environmental Health Team Manager informed members that this proposal has came about as a result of the changes made in April this year to make the whole district a consent area. Subsequently, there has been an increased likelihood of people applying for licences in new areas that were previously unused. The proposal was to add Leicestershire County Council Highway Authority to the list of consultees.

Councillor M B Wyatt enquired whether or not the Coalville Special Expenses Working Party (CSEWP) should be included in the list of consultees as well. In response to this question the Legal Advisor informed Members that the CSEWP had no decision making powers, therefore they could not be considered as a consultee. He added that Ward Members could be notified however.

Councillor L Massey asked whether a street trader on Ashby Road near the island for the motorway junction between Ashby de la Zouch and Coalville had been through the determination process. She stated that his location was dire and was distracting and dangerous to road users.

Councillor J Ruff agreed with Councillor L Massey, adding that her own concern was that it would be difficult for individuals to pull over into the lay by given its close proximity to the roundabout. 

In response to these concerns, the Environmental Health Team Manager assured Members that this particular application has been approved. However, he could not confirm whether or not Highways had been consulted on the application, citing this example as another reason why the addition of Leicestershire County Council Highways Authority to the list of consultees had been proposed.

Councillor J Geary expressed his thanks to Councillor M B Wyatt for raising the issue and to the Legal Advisor for his comments.

List of Consultees

The Environmental Health Team Manager informed Members that there was a proposal to add the local Town or Parish Council to the list of consultees.

Councillor T Neilson proposed that all district Councillors be consulted in respect of applications as opposed to just Coalville Ward Members. This proposal was seconded by Councillor J Geary and agreed by affirmation of the meeting.

Determination Process, in the event of relevant Objection Received

The Environmental Health Team Manager informed Members that for reasons of transparency and fairness the Council was proposing to amend the determination process by referring all applications where a relevant objection was made to a hearing before a sub-committee. He explained to Members that this proposal should be considered by the additional cost that would be incurred against the increased transparency of the determination process.

Councillor N Smith expressed his opinion to Members that this proposal was unnecessary as the Council had received no objections or complaints about the current determination process, and that the proposal would only increase the workload of Officers.

Councillors P Hyde and G A Allman concurred with the Chairman’s thoughts and expressed their support for the proposal to be scrapped.

Councillor P Hyde commented that the Council employed officers who were capable and paid to make these decisions.

In response to a concern expressed by Councillor J Geary, the Legal Advisor explained that under the current determination process there was no mechanism or method to appeal a refusal of an application. He asked Members whether they wished to introduce this proposal, and reminded them that they were not legally obliged to do so.

It was moved by Councillor N Smith, seconded by Councillor P Hyde and agreed by affirmation of the meeting not to include this proposal.

Reasons for Objecting to or refusing an Application

The Environmental Health Team Manager informed Members that to assist consultees and for reasons of transparency it was proposed to introduce a list of reasons for objecting to or refusing an application. He stated that the list was not exhaustive; and any objection would be deemed relevant if it was linked to one of the policy objectives. 

 Amending Consent Conditions

The Environmental Health Team Manager referred Members to the recommendation that delegated authority be given to the Head of Legal and Support Services in Consultation with the Portfolio Holder to review and amend the list of mandatory conditions. He reminded Members that as things stood any amendments to consent conditions had to be brought before the Licensing Committee.

This recommendation was agreed by affirmation of the meeting.

The Environmental Health Team Manager informed Members that the draft policy would be taken to Council on 24 February 2015 for consideration and adoption. Once the Council approves the policy a public notice will be placed in a local newspaper advertising the Council’s decision to implement the resolution noting the date for implementation.

RESOLVED THAT:

a)     The Licensing Committee considers and comments on the draft street trading policy prior to consideration and adoption by Council on 24 February 2015.

b)     That Licensing Committee supports the proposal for delegation to the Head of Legal and Support Services in consultation with the portfolio holder to amend/add to the mandatory conditions. 

c)     Ward Members be added to the list of consultees.