Resolved to elect Councillor Mary Clarkson as Sub Committee Chair for this meeting.

Resolved to defer the election of the Sub Committee Vice Chair for the Council Year 2013/14.

Apologies were received from Councillor Coulter

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.

Daniel Smith (Legal Advisor to the Sub Committee) explained that the procedure outlined in pages 1 to 5 of the agenda would be followed for consideration of agenda item 6 - Review of a Street Trading Consent. This would be slightly different for the following item – Street Trading Applications -  for vacant approved sites in view of the large number of applications received; and this would be explained prior to consideration of that item.

Resolved to note the procedure.

Report of the Head of Environmental Development attached.

The Sub Committee is requested to review the street trading consent held by Mr Yilmaz for the street trading site located on Warneford Lane, Headington in the light of complaints received by Oxford City Council; and taking into account the details in the attached report and any representations made at the meeting.

The Head of Environmental Development submitted a report (previously circulated, now appended) concerning complaints received about a street trading site in Warneford Lane, Headington.

Samantha Howell (Licensing Officer) introduced the report to the Sub Committee and provided some background and context.

Mr Yilmaz attended the meeting and presented his case. He explained that he had already indicated to the school that he was willing to serve fried food and fizzy drinks after 4pm only. Should that not be satisfactory, he was willing to work with officers to find an alternative pitch.

The Sub Committee, accompanied by all officers present, then withdrew whilst the Sub Committee considered the information before it.

The Sub Committee took all submissions into account, both written and oral. It was mindful of Mr Yilmaz’s suggestion concerning limiting the hours during which fried food was served, and that school hours ended at 3pm, one hour before Mr Yilmaz’s suggested hour of termination.

The Sub Committee decided that, in view of the written concerns expressed by the school and in furtherance of the Council’s street trading policy (paragraph 5.4), it was reasonably necessary to add the following additional condition to Mr Yilmaz’s consent:-

• No fried food shall be served before 4pm, Monday to Saturday during school term times.

Mr Yilmaz was also asked to enter into discussions with licensing officers in order to agree a suitable pitch for him that was further away from the school concerned.

Report of the Head of Environmental Development attached.

The Sub Committee is asked to determine applications received in competition for two vacant approved street trading sites; taking into

The sites are:-

• Site 5 – junction of New Inn Hall Street and Queen Street;
• Site 10 – outside Scrivens Opticians, north side of the High Street.

There are 14 applicants for the sites-

• Mr Huseyin Cacan
• Mr Hassan Khalil
• Mr Mustafa Durdu
• Mr Abdullah Boz
• Mr Rasim Ulas
• Mrs Hulya & Mr Rasim Ulas
• Mr Antonio De Jesus Neves
• Mrs Leila & Mr Soulaiman Aidi
• Mr Hussam Hayatleh
• Mr Mohammed Hayatlah
• Mr Sajjad Malik
• Mr Waad Subhi Namek

• Mr Ahmad Amory
• Mr Shakhil Ahmed

Full copies of each application can be found in the Appendices of this report. Each applicant has detailed in their application how they intend to fulfil Oxford City Council’s Street Trading criteria. 

A complete list of the site(s) each applicant has applied for can be found in the Appendices of this report.  This has been attached to assist Councillors with regards to the applicant’s preference of a Street Trading site.

The Head of Environmental Development submitted a report (previously circulated, now appended) concerning applications received in competition for two vacant street trading sites.

Daniel Smith (Legal Advisor to the Sub Committee) explained that the Sub Committee had received and read carefully the copies of the application forms and supporting paperwork from all 14 applicants. Applicants present at the meeting, who wished to speak, were now invited to do so – although it was not obligatory.  Those who wished to do so could have up to 5 minutes to present their case.

The Sub Committee might ask questions of applicants in order clarify their application. The decision would be announced in writing within five working days, in accordance with paragraph 26 of the Sub Committee hearing procedures, and all applicants would be informed of the outcome of their application.

Samantha Howell (Licensing Officer) introduced the report to the Sub Committee and provided some background and context.

The following applicants spoke in favour of their application:-

• Mr Cancan – accompanied by Mr Johns supporting his case;
• Mr Hassan Khalil – accompanied by Jo Moffett-Levy supporting his case;
• Mr Mustafa Durdu – accompanied by Mr Navarrete supporting his case;
• Mr Abdullah Boz;
• Mr Rasim Ulas and Mrs Hulya Ulas (applications for 2 sites);
• Mr Antonio de Jesus Neves;
• Mrs Leila and Mr Soulaimain Aidi;
• Mr Waad Subhi Namek;
• Mr Shakil Ahmed

The following applicants did not speak:-

• Mr Hussam Hayatlah;
• Mr Mohammed Hayatlah;
• Mr Sajjad Malik (did not attend);
• Mr Ahmad Amory

The Sub Committee accompanied by all officers, then withdrew in order to consider the applications and make their decision in private.  It advised all present that its decision would be notified in writing in accordance with paragraph 26 of the hearing procedure.

Having considered all representations, both written and oral, and paragraph 5.4 of the Council’s Street Trading Policy, the Sub Committee RESOLVED to allocate the vacant sites as follows:-

Site 5 – junction of New Inn Hall Street and Queen Street – to Mr Hassan Khalil. The Sub Committee was impressed by Mr Khalil’s long experience as a chef and the wide range of foods, including some healthy options, that he was proposing to offer. Members of the Sub Committee were particularly impressed by the credible and responsible support that had been offered to Mr Khalil from Reverend Moffett-Levy and others. The Sub Committee also felt that allocation to Mr Khalil would create a new business and employment opportunity in accordance with the Council’s corporate objective of promoting a vibrant and sustainable economy. The Sub Committee attached the following conditions (in additional to the standard conditions):-

• That Mr Khalil must renew his Level 2 Food Hygiene Certificate;
• That biodegradable/recyclable disposables and packaging should be used.

The Sub Committee expected Mr Khalil to be ready to commence trading within 3 months of the date of the decision, and authorised licensing officers to issue the notice of consent in due course.

Site 10 – outside Scrivens Opticians, north of the High Street  ...  view the full minutes text for item 7.

Minutes of the meeting held on 21^st January 2013 attached.

Resolved to confirm as a correct record the minutes of the meeting held on 21^st January 2013.

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.

There were no exempt matters, but in accordance with the licensing hearing procedure, the Sub Committee made its deliberations on the applications in private.