Agenda item

Report of the Environmental Health Team Manager

The Licensing Team Leader presented the report to Members. 

Councillor M B Wyatt raised concerns regarding no mention of the use of street furniture within the policy and also allowing trading in close proximity to schools which would encourage children out of school premises.  The Environmental Health Team Manager assured Councillor M B Wyatt that he would amend the pool of conditions to specifically refer to street furniture.  The Legal Advisor explained that there had been a lot of discussion regarding trading in close proximity of schools and it was felt that the current use of specific zones outside of schools was not an effective way of managing the licences as anyone can relocate to a nearby road out of the zone to trade.  He assured Members that the proposed policy would give officers more control over where and what traders sell.

Councillor J Geary pointed out a missed word under point 1 of objective 1, under the street trading consent conditions at appendix 1 of the report.  The point should read ‘No smoking is permitted inside or immediately outside (within a doorway) of the premises.’

In response to questions from Councillor M Specht, the Environmental Health Team Manager explained the following:

-       A fixed site was a trailer that was not mobile and remained in the same site for trading.

-       Under the proposed policy, the traders operating from a fixed site would need to provide toilet facilities for the customers.

In response to a question from Councillor C Large, the Legal Advisor explained that the policy was robust especially with regards to trading by schools as there was no right of appeal.

Councillor T Neilson commented that he believed that the proposed policy was a sensible approach but asked questions regarding market events.  In response, the Licensing Team Leader explained that the types of markets included had been put into a list but asked Members to let him know if any others should be included.

Councillor M B Wyatt asked who would set the standards regarding the type of food that could be sold in close proximity to schools.  The Legal Advisor explained that it would be up to the Officers to exercise their discretion when considering applications.  The Authority should not be dictating what people should be eating or taking choices away, it was important to achieve the correct balance.  A discussion was had regarding the differences between the current policy and the proposed new one.  The Environmental Health Team Manager commented that the Officers would need to be consistent when making decisions and would put together rules to make it clear and transparent.  He went on to state that if an application was submitted that did not provide a healthy option then further discussions would be had with the applicant before a decision was taken.  He concluded that the current policy was not consistent.

Councillor M Specht asked if there were particular circumstances that meant a fixed street trader could not operate for a four month period but could prove that it was the intention to trade again, would there be some flexibility to keep the licence.  The Legal Advisor stated that there would always be flexibility if given all the details.  The condition was included in the policy to stop cabins becoming empty and unsightly. 

Regarding the condition that consent holders would need to maintain the area within the vicinity of the vehicle, Councillor P Hyde asked if this would apply to the cabin on Stephenson Way as a lot of the litter came from the adjacent McDonalds restaurant.  The Legal Advisor explained that the condition was included to encourage cleaner areas.  Councillor M Specht informed Members that McDonalds were very happy to assist in community projects such as litter picking, as they had done so in the past at his invitation.  Councillor A V Smith confirmed this and added that they regularly litter picked along with the Council.  The Environmental Health Team Manager explained that this particular condition had caused much discussion and he confirmed it would be looked at further.

It was moved by Councillor M Specht, seconded by Councillor R Adams and

RESOLVED THAT:

The report be noted and comments made by the Committee considered.