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

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 Consent at this point but were clear a further breach would require the Sub-Committee to reconsider the position

Mr Iqbal and the licensing officers returned to the room. The  Chair explained the Sub-Committee’s concerns to Mr Iqbal.

The Sub-Committee resolved to:

Confirm that Mr Iqbal should keep his Street Trading Consent but that another breach would necessitate his appearance before a further meeting of the Sub-Committee.