Agenda and minutes

Agenda and minutes

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Speaking at a Council or Committee meeting

Venue: Long Room - Oxford Town Hall. View directions

Contact: Celeste Reyeslao, Committee and Member Services Officer  tel 01865 252946 email  DemocraticServices@oxford.gov.uk

Items
No. Item

86.

Declarations of Interest

Minutes:

There were no declarations of interest made.

87.

Election of Chair for the meeting

Minutes:

Councillor Katherine Miles was elected Chair for the meeting.

88.

Procedure to be followed at the meeting pdf icon PDF 229 KB

Guidance on the procedure to be followed is attached.

The Council’s Policy on the Relevance of Warnings, Offences, Cautions and Convictions is attached.

The Street Trading Policy is attached.

 

Additional documents:

Minutes:

The Sub-Committee noted the procedure for the hearings, the street trading policy and the policy on the relevance of warnings, offences, cautions and convictions.

89.

Minutes pdf icon PDF 364 KB

Recommendation: that the minutes of the meeting of 12 February 2024are approved as a true and accurate record.

 

Minutes:

The Sub-Committee resolved to approve the minutes of the meeting held on 12 February 2024 as a true and accurate record.

90.

Street Trading Renewal Application from Consent Holder pdf icon PDF 134 KB

To consider the street trading renewal application and reach a decision.

Additional documents:

Minutes:

The Head of Planning and Regulatory Services had submitted a report containing information specific to a Street Trading Consent Holder in order that the Sub-Committee could make a decision on the application.

 

Mr James Sheriff (applicant), David Stevens, Principal Lead Officer, and Matthew Stead, Senior Licensing Officer joined the meeting. Councillor Alex Hollingsworth also joined the meeting.

 

The Chair initiated a round of introductions, asking everyone to introduce themselves.

 

The Principal Lead Officer presented a summary of the report stating that Mr Sheriff was before the Sub-Committee concerning a renewal application, prompted by a complaint regarding the location of the street trading vehicle used. The Little Blue Van had been found to be in breach of a Traffic Regulation Order (TRO) as the site it was trading on was a Restricted Zone, where parking, loading, and unloading were prohibited at all times.

 

It was noted that the County Council did not provide this information during the standard consultation process conducted by the City Council Officers. As a result, it was not disclosed to the Sub-Committee when it granted Mr Sheriff a street trading consent in December 2023.

 

The Principal Lead Officer stated that the complaint had been taken forward by the County’s Civil Enforcement Team who agreed to temporarily suspend enforcement actions against Mr Sheriff until 31 March 2024. He added that both councils were currently in liaison to understand why the information was not raised.

 

The Principal Lead Officer advised the Sub-Committee that Mr Sheriff's renewal application met the Council's requirements. However, granting a renewal would result in Mr Sheriff trading in a restricted zone, and in direct contravention of the TRO. This meant that Mr Sheriff would be at risk of receiving a penalty charge notice each time he traded from the site. He further stated that a renewal would breach Section 6.4 of the Council's Street Trading Policy which stipulated that consents will not normally be granted where there is a conflict with Traffic Orders such as waiting restrictions.

 

The Principal Lead Officer referred to the officer discussions between the City and County concerning the consultation process, the fundamental traffic and street trading legislation, and the City Council’s Street Trading Policy. He indicated that a review of the Council's consultation processes and policy may be necessary to prevent similar situations in the future.

 

The Sub-Committee raised questions regarding potential alternatives, particularly, the County's flexibility to revoke the TRO. The Sub-Committee also queried the possibility of exploring alternative locations in the City within the framework of the current application.

 

In response, the Principal Lead Officer explained that a significant portion of Frideswide Square was covered under this restriction, including land considered as public highway. Although a process existed where the TRO could be revoked, any revocation of the TRO was in the gift of the County Council to take forward as the highways authority.

 

In terms of alternative locations, the Principal Lead Officer mentioned the challenges faced in identifying suitable sites within the City due to  ...  view the full minutes text for item 90.

91.

Exempt Matters and Confidential Session

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 Act”) 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.

 

92.

New application to drive Private Hire Vehicles

To consider the confidential report and reach a decision.

Minutes:

The Executive Director for Communities and People had submitted a report to inform the determination of an application to drive Private Hire Vehicles in the City.

The Sub-Committee resolved to:

·       Adjourn the application to the next available General Purposes Licensing Casework Sub-Committee.

93.

New Application to drive Private Hire Vehicles

To consider the confidential report and reach a decision.

Minutes:

The Executive Director for Communities and People 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 to drive Private Hire Vehicles in the City taking into account the details set out in the report and the representations made at this Sub-Committee meeting.

 

94.

New application to drive Private Hire Vehicles

To consider the confidential report and reach a decision.

Minutes:

The Executive Director for Communities and People had submitted a report to inform the determination of an application to drive Private Hire Vehicles in the City.

The Sub-Committee resolved to:

·       Grant the application to drive Private Hire Vehicles in the City on the condition that any minor or major incidents within the first year of granting the licence the applicant would be required to appear before the Sub-Committee to determine his suitability to continue to hold a licence.

95.

Confidential Minutes

Recommendation: that the confidential minutes of the meeting of 12 February 2024 are approved as a true and accurate record.

Minutes:

The Sub-Committee resolved to approve the confidential minutes of the meeting held on 12 February 2024 as a true and accurate record.

96.

Any other business

97.

Dates of future meetings

The dates of future meetings (if required) are:

·       15 April 2024 (C)

Minutes:

The dates of future meetings were noted.