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 and Regulatory Services had submitted a report seeking the Sub-Committee’s view about what action to take in the light of Mr Hall’s breach of the conditions of his Street Trading Consent.

The Chair confirmed that Mr Hall 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.

The Licensing Officer spoke to the report. Mr Hall 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 two complaints regarding trading from his van in Rose Lane. On both occasions the van was parked on double yellow lines obstructing the footpath and road. Oxfordshire County Council confirmed that parking fines had been issued on both occasions.

Prior to the breaches, on 14 March 2018,  Mr Hall attended a meeting  with the licensing officer  when he had been reminded of previous advice and a  verbal warning he had received in 2017 regarding trading in Rose Lane. It was explained to Mr Hall that immediate enforcement action would be taken if further complaints were received.

Mr Hall’s Consent does not include Rose Lane or allow him to trade for longer than 20 minutes in one location. On both occasions there was trading from the van for longer than 20 minutes.  Mr Hall was therefore in breach of the Consent.

Following receipt of the complaints, Mr Hall attended a further  meeting with the licensing officer when  it was explained that the matter would be put before the Sub-Committee. 

Mr Hall explained that at the time of both incidents described his sister was driving the van and he was not present. He had sold ice creams in Oxford from a vehicle for 20 years. Ice creams had not been sold from anywhere other than permitted sites since the second incident.

The Licensing Officer confirmed that Mr Hall was the owner of the ice cream van and the person to whom the Consent had been granted and that Mr Hall’s sister was recognised as an authorised employee for the concession.  The meetings referred to in the report had been held with Mr Hall and not his sister as he was the Consent holder.

Mr Hall 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 Hall on 14 March 2018, the two breaches described in the report occurred just a few weeks later. Taking account of all the circumstances described, the Committee agreed that the breaches would not warrant revocation of the consent at this point but were clear that a further breach would require the Sub-Committee to reconsider the position

Mr Hall returned to the room.  The Chair explained the Sub-Committee’s concerns to Mr Hall.

The Sub-Committee resolved to:

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