Agenda and minutes

Agenda and minutes

Speaking at a Council or Committee meeting

Venue: Barristers' Room - Oxford Town Hall. View directions

Contact: John Mitchell, Committee and Member Services Officer 

Items
No. Item

1.

Apologies for Absence

Apologies received from Councillor Landell-Mills.

2.

Declarations of Interest

None.

3.

Procedure to be followed at the meeting pdf icon PDF 88 KB

Guidance on the procedure to be followed at the meeting was attached to the agenda.

Additional documents:

4.

Minutes pdf icon PDF 105 KB

 

Recommendation: That the minutes of the meeting held on 16 April 2018 be APPROVED as a true and accurate record.

Minutes:

The Sub-Committee resolved to APPROVE the minutes of the meeting held on 16 April 2018 as a true and accurate record.

5.

Breach of Street Trading Conditions pdf icon PDF 91 KB

The Head of Planning, Sustainable Development & Regulatory Services has submitted a report in relation to the breach of Street Trading Conditions.

Additional documents:

Minutes:

The Head of Planning, Sustainable Development and Regulatory Services had submitted a report seeking the Sub-Committee’s view about what action to take in the light of Mr Hall’s breach of the conditions of his Street Trading Consent.

 

The Chair confirmed that Mr Hall had received the paperwork associated with this item and that he had been alerted in advance to the fact that, on this occasion, the Sub-Committee would comprise two City Councillors.

 

The Licensing Officer spoke to the report. Mr Hall holds a Street Trading Consent for his ice cream van which permits him to trade on a peripatetic basis at specified times in designated areas. The matter had been referred to the Sub Committee following two complaints regarding trading from his van in Rose Lane. On both occasions the van was parked on double yellow lines obstructing the footpath and road. Oxfordshire County Council confirmed that parking fines had been issued on both occasions.

 

Prior to the breaches, on 14 March 2018,  Mr Hall attended a meeting  with the licensing officer  when he had been reminded of previous advice and a  verbal warning he had received in 2017 regarding trading in Rose Lane. It was explained to Mr Hall that immediate enforcement action would be taken if further complaints were received.

 

Mr Hall’s Consent does not include Rose Lane or allow him to trade for longer than 20 minutes in one location. On both occasions there was trading from the van for longer than 20 minutes.  Mr Hall was therefore in breach of the Consent.

 

Following receipt of the complaints, Mr Hall attended a further  meeting with the licensing officer when  it was explained that the matter would be put before the Sub-Committee. 

 

Mr Hall explained that at the time of both incidents described his sister was driving the van and he was not present. He had sold ice creams in Oxford from a vehicle for 20 years. Ice creams had not been sold from anywhere other than permitted sites since the second incident.

 

The Licensing Officer confirmed that Mr Hall was the owner of the ice cream van and the person to whom the Consent had been granted and that Mr Hall’s sister was recognised as an authorised employee for the concession.  The meetings referred to in the report had been held with Mr Hall and not his sister as he was the Consent holder.

 

Mr Hall and the licensing officers left the room while the Sub-Committee considered the points raised.

 

The Sub-Committee was concerned that despite the warning given to Mr Hall on 14 March 2018, the two breaches described in the report occurred just a few weeks later. Taking account of all the circumstances described, the Committee agreed that the breaches would not warrant revocation of the consent at this point but were clear that a further breach would require the Sub-Committee to reconsider the position

 

Mr Hall returned to the room.  The Chair explained the Sub-Committee’s concerns to Mr Hall.

 

The Sub-Committee  ...  view the full minutes text for item 5.

6.

Breach of Street Trading Consent Conditions pdf icon PDF 91 KB

The Head of Planning, Sustainable Development & Regulatory Services has submitted a report in relation to the breach of Street Trading Conditions.

 

Additional documents:

Minutes:

The Head of Planning, Sustainable Development & Regulatory Services had submitted a report seeking the Sub-Committee’s view about what action to take in the light of Mr Iqbal’s breach of the conditions of his Street Trading Consent.

 

The Chair confirmed that Mr Iqbal had received the paperwork associated with this item and that he had been alerted in advance to the fact that, on this occasion, the Sub-Committee would comprise two City Councillors.

 

Mr Iqbal holds a Street Trading Consent for his ice cream van which permits him to trade on a peripatetic basis at specified times in designated areas.

 

The matter had been referred to the Sub Committee following a complaint from a member of the public that his van was trading from Parks Road for three hours  on 21 April 2018 and parked on double yellow lines, obstructing the footpath and road. Oxfordshire County Council confirmed that a parking a fine had been issued on this occasion

 

Mr Iqbal’s Consent does not include Parks Road or allow him to trade for longer than 20 minutes in one location.  Mr Iqbal was therefore in breach of his Consent.

 

Prior to the breach Mr Iqbal had attended a meeting on 22 March 2018 with the Licensing Officer.  At this meeting Mr Iqbal was reminded  of the advice and verbal warning he had received in 2017 regarding trading from Parks Road. It was explained to Mr Iqbal that immediate enforcement action would be taken if further complaints were received.

 

Following receipt of the complaint, Mr Iqbal attended a further meeting with the Licensing Office when he was told that the matter would be put before the Sub-Committee.

 

Mr Iqbal acknowledged his breach of the conditions of his Consent, apologised for  it  and the work that it had caused.  He noted however that others had traded from that location and some, in the past, had traded without licences. He said he had traded in Oxford for 15 years.

 

The licensing officer said that Mr Iqbal had been given a contact number at the County Council to enable him to seek permission to park in Parks Road. Thanks to information provide by Mr Iqbal the licensing team had been able to regularise the position of those who had previously traded without consent. She noted that Mr Iqbal’s consent gave him permission to trade over a large area.  Mr Iqbal said he had failed to make contact with anyone at the County Council. 

 

Mr Iqbal and the licensing officers left the room while the Sub-Committee considered the points raised.

 

 

The Sub-Committee was concerned that despite the warning given to Mr Iqbal on 22 March 2018, the breach described in the report occurred just a few weeks later. The fact that others may have traded from the same area and without the proper Consents and having, also, in some cases, parked inappropriately, did not in any way lessen the breach by Mr Iqbal. The Committee agreed that the breach would not warrant revocation of the  ...  view the full minutes text for item 6.

7.

Exempt Matters

If the Sub-Committee wishes to exclude the press and the public from the meeting during consideration of any aspects of the preceding or following agenda items it will be necessary for the Sub-Committee to pass a resolution in accordance with the provisions of Section 100A(4) of the Local Government Act 1972 specifying the grounds on which their presence could involve the likely disclosure of exempt information as described in specific paragraphs of Part 1 of Schedule 12A of the Act if and so long, as in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

The Sub-Committee resolved that under Section 100A(4) of the Local Government Act 1972  the press and public be excluded from the meeting for the remaining items of business on the grounds that their presence would involve the likely disclosure of exempt information as described in Paragraph 3 of  Part 1 of Schedule 12A of the Act.

 

The Sub-Committee considered matters relating to Hackney Carriage and Private Hire Vehicle licensing in private.

 

 

8.

Application to Drive Hackney Carriages and Private Hire Vehicles

The Head of Community Services has submitted a report detailing an application to drive Hackney Carriages and Private Hire vehicles.

 

Minutes:

The Head of Community Services had submitted a report to inform the determination of an application to drive Private Hire Vehicles in the City.

 

The Sub-Committee resolved to:

Refuse the application for a Private Hire Driver Licence.

 

 

9.

Application to Drive Hackney Carriages and Private Hire Vehicles

The Head of Community Services has submitted a report detailing an application to drive Hackney Carriages and Private Hire vehicles.

 

Minutes:

The Head of Community Services had submitted a report to inform the determination of an application to drive Private Hire Vehicles in the City.

 

The applicant was not present to address the Sub-Committee and it was  agreed that the application should be deferred until the next meeting of the Sub-Committee to enable them to do so.

 

 

 

10.

Dates of Future Meetings

The dates of future meetings in 2018 (if required) are:

 

·         Monday 25 June 2018

·         Monday 06 August 2018

·         Monday 17 September 2018

·         Monday 29 October

·         Monday 10 December

           

All meetings start at 5.30pm.

Minutes:

The dates of future meetings (if required) are:

 

·         Monday 25 June 2018

·         Monday 06 August 2018

·         Monday 17 September 2018

·         Monday 29 October

·         Monday 10 December

           

All meetings start at 5.30pm.