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Members are asked to declare any disclosable pecuniary interests they may have in any of the following agenda items. Guidance on this is set out at the end of these agenda pages

None

Guidance is attached.

Resolved to note the procedure.

Report of the Head of Environmental Development attached.

The Head of Environmental Development submitted a report (previously circulated, now appended).

The Sub Committee was reminded that it had previously resolved that that in the interests of public safety, an inspection of Mr and Mrs Karrouchi’s business would take place before the end of November 2012. Should any breaches of condition be found, the matter would be reported forthwith to the Licensing and Registration Sub Committee for further consideration and determination.

It was as a result of the inspection made on 14^th November 2012, where Mr and Mrs Karrouchi’s business was found to be in breach of conditions 6, 13, 17 and 18 of their street trading consent, that this matter had returned to the Sub Committee.

Samantha Howell (Licensing Officer) presented the report to the Sub Committee and Lindsay Key (Environmental Health Officer) explained the inspections that she had made of Mr and Mrs Karrouchi’s business.

The Chair, Councillor Colin Cook, clarified that the Sub Committee would only consider the information that was before it and that it would not be taking into account any reports that had been in the press.

Mr and Mrs Karrouchi attended the meeting and presented their case.

The Licensing Officers, Mr and Mrs Karrouchi, and the press representative withdrew whilst the Sub Committee considered the information before it.

The Sub Committee took into account all evidence before it, both written and oral. It gave careful consideration to the representations made by the consent holders and those made by the licensing and environmental health officers. 

The Sub Committee was satisfied that the evidence showed there had been breaches of conditions 6, 13, 17 and 18 of consent no. 12/01255/STREET in relation to:

·        a failure to produce the Premises Licence

·        a failure to keep proper food hygiene records

·        a failure to keep the required fire safety equipment

·        a failure of the consent holder to act as principal operator

·        the use of an operator unauthorised by the Head of Environmental Development

The breaches of condition were also contrary to objective a) Public Safety of the Council's Street Trading Policy.

The Sub Committee was particularly concerned by the apparent falsifying of fridge temperature records which had serious food safety implications. 

The Sub Committee was mindful of the enforcement history of the operator and the similar complaints and breaches of condition which had resulted in previous appearances before it.

It appeared to the Sub Committee that the Council had taken steps to assist the consent holder in remedying problems and improving standards but that progress was far too slow. The Sub Committee had no faith in the consent holder's ability to operate to the standards required.

Consequently there were substantial risks to public safety and the Sub Committee felt it would be negligent if it allowed the consent holder to continue to operate.

In the interests of ensuring public safety the Sub Committee RESOLVED that:

1.      Street trading consent no. 12/01255/STREET is revoked with immediate effect.

Minutes of the meeting held on 29^th October 2012 attached.

Resolved to confirm as a correct record the minutes of the meeting held on 29^th October 2012.

If the Sub Committee wishes to exclude the press and the public from the meeting during consideration of any aspects of the preceding 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

Resolved that all items would be taken in public, with the exception of the deliberations of the Sub Committee which would be taken in private as per paragraph 24 of the hearing procedures.

It it still open to the Sub Committee tyo resolve to move into private session should the evidence presented during the meeting be likely to require it.