Agenda and minutes

In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any Disclosable Pecuniary Interest (DPI) that they may have in respect of any matter for consideration on this agenda.  Any councillor with a DPI must notparticipate in any discussion or vote regarding that matter and they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, you must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

There were no disclosures of interest.

The Sub-Committee are requested to approve the attached summary of procedure for dealing with Street Trading Applications.

The Sub-Committee approved the new summary of procedure for dealing with Street Trading applications.

Officers in attendance:

Mark Adams (Licensing Officer) (observing)

Sophie Butcher ( Committee Officer)

Andrea Carr (Committee Officer) (observing)

Raj Devandran (Litigation Solicitor) (observing)

Fay Lamph (Environmental Health Officer)

Bridget Peplow (Senior Lawyer Litigation)

Mike Smith (Licensing Team Leader)

Chris Woodhatch (Team Leader) Food and Safety

Local Ward Councillor

Councillor Tony Phillips

Local County Councillor

Councillor Fiona White

Applicant in attendance:

Mr Zafer Koc

There were no disclosures of interest.

The Sub-Committee approved the new summary of procedure for dealing with Street Trading applications.

The Licensing Team Leader informed the Sub-Committee that they had convened to consider an application for the grant of a Street Trading Consent for a mobile catering kebab van located on Egerton Road between the Royal Surrey Hospital and Tesco superstore. 

A premises licence had been in place for the van since November 2005 (GUPLA0042) which was extended in November 2017 to extend the sale of hot food from until 03:00 hours 7 days a week to 04:00 hours Sunday to Thursday and 05:00 hours on Friday and Saturday.  There was currently no street trading consent in place for the van.  The requirement to obtain a street trading consent for the location became effective from 1 April 2018 following a review of the designated consent streets by the Licensing Committee on 17 January 2018. 

The application was in consultation from 26 March to 20 April 2018.  Representations were received from two Responsible Authorities; Environmental Health (Food and Safety) and the Parking Service.  In addition, seven representations had been received from other persons, four from local residents, one objection from the local ward Councillors David Goodwin and Tony Phillips, one objection from the local County Councillor Fiona White and one objection from the Royal Surrey County Hospital.

The Chairman invited the applicant, Mr Koc to make his representation.  Mr Koc stated the following:

·         Mr Kebab had been in operation on the Egerton Road since the early 1990’s.  Mr Kebab had never held a Street Trading consent and had successfully operated up until this point with no complaints received from the Council about anti-social behaviour. 

·         An ex-employee of Mr Koc’s had put a van next to Mr Kebab and operated the same type of food-takeaway and called it Mr Kebab as well.  They were in direct competition for business with each other.  The competitor’s business had also been granted a premises licence.

·         Mr Kebab’s vehicle was located onsite 24/7 and received daily parking fines. The vehicle was not moved owing to the fear that Mr Kebab’s competitor may move their vehicle into his space and steal his customers. 

·         Mr Kebab’s competitor would also have to apply for a Street Trading consent.

·         He was happy to work with Parking Control and not start trading until 6pm when the parking controls lapsed.

·         In relation to the points raised by Councillor Goodwin, in  ...  view the full minutes text for item 6.