The Head of Regulatory Services and Community Safety has submitted a report  to consider a Street Trading Consent where the street trader has not adhered to the conditions of the Street Trading Policy.

The Head of Regulatory Services and Community Safety had submitted a report to inform the determination of what action to take in relation to the breach by Mr Iqbal of his Street Trading Consent.

Mr Iqbal and the Licensing Officers joined the meeting. The Chair introduced members of the Sub-Committee and explained the procedure to be followed at the meeting.

The Licensing Officer introduced the report. Mr Iqbal held Street Trading Consent for an  ice cream van with registration J7 0RH. The Consent was issued on 01 April 2019 and would expire on 31 March 2020. Mr Iqbal also held Street Trading Consent for ice cream van registration BD52 WFO. The Consent was also issued on 01 April 2019 and would also expire on 31 March 2020. 

The Report had been referred to the Sub-Committee following three complaints made to the Business Regulation Team.

On 15 July 2019 Mr L was involved in an incident whilst driving the ice cream van registration J7 0RH. Thames Valley Police notified the Business Regulation Team of the incident. Subsequent investigation found that Mr L was not registered as an employee, contrary to the general conditions of the Consent. These conditions require that a Consent holder must notify the Council of the name and address of any person he wishes to employ to work on his stall or vehicle. Anyone who operates a stall or vehicle other than the consent holder must be authorised by the Council

A second complaint was made to the Business Regulation Team by a member of the public regarding the behaviour of the driver of ice cream van BD52 WFO which was trading from Walton Well Road on Saturday 03 August 2019. Subsequent investigation found that the driver of the van was, also, not registered as an employee contrary to the conditions described above.

On the 05 September 2019 the Business Regulation Team received a complaint from a member of the public regarding ice cream van registration J7 0RH. The vehicle was observed parked on double yellow lines on Franklin Road, outside  Rye St Anthony School. Mr Iqbal was therefore in breach of a further condition of the Consent which requires that “vehicle movements must be carried out legally and must not present a risk to people and structures”.

Prior to the breaches of conditions mentioned above, Mr Iqbal had received a verbal warning on 02 May 2019 reminding him he must trade within his conditions of Consent. Mr Iqbal received a formal written warning on 18 June 2019, the letter reminded Mr Iqbal of the condition relating to vehicle movements. It was explained to Mr Iqbal that further enforcement action would be taken if further complaints were received during the 2019 trading period.

Following receipt of the complaints in the report, Mr Iqbal attended a meeting  with officers of the Licensing Authority on 13 September 2019.  At this meeting it was explained to Mr Iqbal that his Consent would be put before the Sub-Committee as per the Street  ...  view the full minutes text for item 51

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  ...  view the full minutes text for item 6