full agenda and reports

Democratic Services
REGULATORY SUB-COMMITTEE
AGENDA
WEDNESDAY 11 MARCH 2015
6.30 PM
ROOM 2, CIVIC OFFICES
CENTRAL MILTON KEYNES
PLEASE NOTE THAT THE DEADLINE FOR ANY FURTHER
SUBMISSIONS IS 12 NOON ON TUESDAY 10 MARCH 2015
Email to jane.crighton@milton-keynes.gov.uk or dino.imbimbo@milton-keynes.gov.uk
ANY DOCUMENTS SUBMITTED AFTER THIS DEADLINE WILL BE
RECEIVED BY THE PANEL AT THE DISCRETION OF THE CHAIR
Councillors:
Morris, Green and Lewis
If you have any enquires about this agenda please contact Dino Imbimbo, Democratic
Services Manager, Tel: (01908) 252458 or E-mail: Dino.imbimbo@miltonkeynes.gov.uk
Milton Keynes Council
Legal and Democratic Services, Civic Offices 1 Saxon Gate East Milton Keynes MK9 3EJ
Tel: Milton Keynes (01908) 691691 Fax: (01908) 252456 Hays DX 31406 Milton Keynes 1
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AGENDA
1.
Appointment of Chair
The Chair of the Regulatory Committee, shall Chair meetings of the
Regulatory Sub-Committee, if present. In the absence of the Chair, the ViceChairs of the Regulatory Committee, shall Chair meetings of the Regulatory
Sub-Committee. In the absence of both the Chair and the Vice-Chairs, the
Regulatory Sub-Committee will, as its first item of business, appoint a Chair
from its Membership.
2.
Chair’s Announcement
The Chair to welcome and introduce all in attendance at the meeting.
3.
Apologies for Absence
4.
Regulatory Sub-Committee Procedure
The Chair will outline the procedure to be followed by the Regulatory
Sub-Committee for Street Trader Licenses, which is set out at Item 4
(Page 5).
5.
Application for Grant of Street Trading Consent – MK City Kebab,
Dulverton Drive, Furzton
To consider Item 5 (Pages 6 to 16).
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Health and Safety
Please take a few moments to familiarise yourself with the nearest available fire exit,
indicated by the fire evacuation signs. In the event of an alarm sounding during the
meeting you must evacuate the building immediately and follow all instructions
provided by the fire evacuation officer who will identify him/herself should the alarm
sound. You will be assisted to the nearest designated assembly point until it is safe
to return to the building.
Mobile Phones
Please ensure that your mobile phone is switched to silent or is switched off
completely during the meeting.
Agenda
Agendas and reports for the majority of the Council’s public meetings can be
accessed via the Internet at: http://cmis.milton-keynes.gov.uk/cmiswebpublic/ Wi Fi
access is available in the Council’s meeting rooms.
Recording of Meetings
The proceedings at this meeting may be recorded for the purpose of preparing the
minutes of the meeting.
In accordance with the Openness of Local Government Bodies Regulations 2014,
you can film, photograph, record or use social media at any Council meetings that
are open to the public.
If you are reporting the proceedings, please respect other members of the public at
the meeting who do not want to be filmed. You should also not conduct the reporting
so that it disrupts the good order and conduct of the meeting. While you do not need
permission, you can contact the Council’s staff in advance of the meeting to discuss
facilities for reporting the proceedings and a contact is included on the front of the
agenda, or you can liaise with staff at the meeting.
Comments, Complaints and Compliments
Milton Keynes Council welcomes comments, complaints and compliments from
members of the public in order to make its services as efficient and effective as
possible. We would appreciate any suggestions regarding the usefulness of the
paperwork for this meeting, or the conduct of the meeting you have attended.
Please use the slip overleaf by detaching this page and passing it to the Committee
Manager. Alternatively the slip can be returned by post to Democratic Services,
Milton Keynes Council, Civic Offices, 1 Saxon Gate East, Milton Keynes, MK9 3EJ,
or you can e-mail your comments to meetings@milton-keynes.gov.uk
If you require a response please leave contact details, ideally including an e-mail
address.
A formal complaints / compliments form is available online at http://www.miltonkeynes.gov.uk/complaints/ or is obtainable at the meeting from the Committee
Manager.
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Regulatory Sub-Committee
Date of Meeting:
11 March 2015
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ITEM
4
PROCEDURE FOR THE DETERMINATION OF LICENSING
APPLICATIONS FOR A STREET TRADING CONSENT
1.
At the start of the hearing the Chair will introduce the Committee
Members and Officers and explain their roles for the purpose of the
hearing.
2.
The Chair will explain the procedure to be followed by the SubCommittee, which will normally take the form of:
3.
(a)
The Regulatory Services Officer will present the relevant details,
but make a recommendation regarding a decision on the
application to the Sub-Committee, together with information
regarding any details relevant to the application, which may
have come to light since the report was written.
(b)
The applicant or his/her representative can present his/her case,
including calling any witnesses. Questions may then be put to
the applicant, through and with the consent of the Chair, by the
other parties and the Sub-Committee.
(c)
The other parties will present their case, but only where
representations are unresolved. Responsible authorities (within
the meaning of the legislation) will present their cases before
interested parties. Questions may then be put to those persons,
through and with the consent of the Chair, by the other parties
and the Sub-Committee.
(d)
The other parties will be invited to sum up their case.
(e)
The Applicant or his/her representative will be invited to sum up
his/her case.
(f)
The Sub-Committee will be invited to adjourn to come to its
decision. Upon adjournment, all parties will withdraw, directly or
through retirement of the Sub-Committee. The only officer who
may remain with the Sub-Committee during its adjournment
shall be the Sub-Committee’s legal advisor.
(g)
Where the Sub-Committee has to make a decision at the end of
the hearing, all parties will be called back and informed orally of
the decision of the Sub-Committee and any conditions made,
with the reasons for those conditions.
The Sub-Committee will be permitted to retire to deliberate in private
on any matter it chooses. The Sub-Committee may seek legal advice
on a point of law at any point but the substance of any advice given in
private must be repeated in open session.
(5)
ITEM
5
REGULATORY COMMITTEE
11 March 2015
GRANT OF STREET TRADING CONSENT – MK CITY KEBAB, DULVERTON
DRIVE, FURZTON
Contact Officer: Kieran Evans (Licensing) – 01908 252647
1.
Purpose
1.1
To decide an application for a one hour street trading consent in respect of
Dulverton Drive in Furzton for the hour of 6pm to 7pm Monday to Sunday.
See Annex A.
2.
Recommendation
2.1
To refuse the application if the committee are satisfied that the trading location
will cause nuisance issues and may compromise healthy eating at Merebrook
Infant School and Sunshine Children’s Centre.
3.
Details and Outcomes
3.1
The Council has adopted Schedule 4 of the Local Government
(Miscellaneous Provisions) Act 1982 – Street Trading, that allows streets to be
designated as ‘Prohibited’ or ‘Consent’ for street trading purposes. Dulverton
Drive is designated as a ‘consent’ street and means trading on this adopted
highway or within 60 metres of its centre line is only permitted if a valid
Consent is held by the trader.
3.2
The Council only allows a one hour consent to be issued when a trader first
commences operation at a location, however additional hours can be applied
for after a period of 21 days trading. The trading location is shown at Annex
B.
3.3
The Licensing team has consulted the following in respect of this new
application: Thames Valley Police (no objection); Highways (no comment);
Estates (no objection); Fire Authority (no comment); Ward Members (objection
at Annex C); Shenley Brook End and Tattenhoe Parish Council (objection at
Annex D); Environmental Health (no objection); Road Safety (no comment);
EnviroCrime (no comment).
3.4
There is no history recorded against the trader operating in any other location
in Milton Keynes.
ITEM 5
11 March 2015
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3.5
The Committee have discretion to refuse the application or grant it subject to
conditions.
3.6
The comments and objections received from Cllr Williams cover three issues:
1. There may be litter generated by the trader that will therefore exacerbate
current litter issues in the area.
2. The kebab van may generate odour and could affect local residents,
people attending Merebrook Infant School and the Sunshine Children’s
Centre.
3. The location in close proximity to the school and children’s centre is
inappropriate and may compromise the children’s centre’s award winning
healthy eating programme.
3.7
Shenley Brook End and Tattenhoe Parish Council have objected against the
application in support of Cllr Williams, confirming that members agree to the
points raised and are the same concerns as their own; litter, odour and healthy
eating.
3.8
Although other primary legislation can deal with litter and odour issues,
conditions could potentially be applied to any granted consent to control them.
Such as providing a litter bin, clearing the area of litter when trade has finished
and installing equipment to prevent odour.
4.0
Implications
4.1
Policy
MKC has an Enforcement Policy that endorses a proportionate approach.
4.2
Resources and Risk
Part of the fee structure for street trading is to ensure compliance with street
trading conditions.
4.3
Legal
Paragraph 9(5) details that when refusing a consent the Council shall remit or
refund as they consider appropriate, the whole or any part of any fee paid (in
this case £100).
There is no appeal against the decision to refuse or grant a street trading
consent but a trader could reapply if refused.
Background Papers: None
ITEM 5
11 March 2015
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ANNEX A
(8)
ANNEX B
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ANNEX C
Evans, Kieran
From:
Sent:
To:
Cc:
Subject:
Importance:
Chris Williams <mail@chrisw9.plus.com>
30 January 2015 17:27
Evans, Kieran
Licensing; Paradine, Kevan; Mullins, Daniel; Safer Communities Unit; Burke, Stuart;
Cannon, Peter; clerk@shenleybrookend-pc.gov.uk; Cheryl Johnson (Merebrook School)
; Train, Anne; Jean Nicholas (SBE PC)
RE: Street Trading Consent 1 hour - MK City Kebab, Trading at Dulverton Drive, Furzton
ref 133259
High
Dear Kieran,
I refer to the e-mail below and our subsequent telephone conversation.
I have briefly discussed this application with Cheryl Johnson, the Headteacher at Merebrook Infant
School and with Anne Train, the Co-ordinator at the Sunshine Children Centre, both of which are located on
Dulverton Drive, Furzton.
If MK City Kebab was to be granted a Street Trading Consent for this particular location, they would be
then able to trade from a small car park immediately in front of the Sunshine Children’s Centre and
Merebrook School. I recognize that MK City Kebab has applied for an initial one hour each day – but there is
no doubt, from previous experience, that if the Consent was to be granted, they would then apply for a
variance to that Consent for an increase in the hours thus granted.
The Sunshine Children’s Centre was the first Children’s Centre in Milton Keynes to win an award for its
‘Healthy Eating’ programme – and the presence of a kebab van directly outside the Children’s Centre would
be an inappropriate location from which to conduct such a trade.
I object to the granting of a Street Trading Consent to MK City Kebab by Milton Keynes Council for
the following reasons:
Healty Eating: The location is inappropriate due to the close proximity of Merebrook Infant School and
the Sunshine Children’s Centre.
Litter:
The location is inappropriate as there is already considerable detritus and other litter
generated from and by the adjacent local shopping centre. I believe that the presence of a kebab van will
only add to the problems that already exist.
Smell:
The location is inappropriate in that the smells generated by a kebab van will be
‘experienced’ not just by local residents but also by the parents and children attending Merebrook School and
also the Sunshine Children’s Centre, who are justifiably proud of their award-winning ‘healthy eating’
programme.
Your comments in response to these observations / objections would be greatly appreciated – please
include all recipients of this e-mail onto your reply.
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Should MK Council be so minded as to recommend permission of a Street Trading Concent, then please
inform all recipients of the date / time / venue when the application will be considered, in order that I, and
others, can register our objections and speak at the meeting.
Regards,
Cllr Chris Williams
Tel: (01908) 503717
Mob: 07808 030487
e-mail: mail@chrisw9.plus.com (home)
chris.williams1@milton-keynes.gov.uk (MK Council)
twitter: @chrisw9mail
From: Jones, Deborah [mailto:Deborah.Jones@milton-keynes.gov.uk] On Behalf Of Licensing
Sent: 30 January 2015 11:32
To: Hogan, Marie; Paradine, Kevan; Lain, Steve; Mullins, Daniel; Ward, Rob; EHSouth team; Safer Communities Unit;
Burke, Stuart; Cannon, Peter; Williams, Chris (Councillor); clerk@shenleybrookend-pc.gov.uk
Subject: Street Trading Consent 1 hour - MK City Kebab, Trading at Dulverton Drive, Furzton ref 133259
LOCAL GOVERNMENT (Miscellaneous Provisions) Act 1982
Street Trading Consent – 1 hours trading within every 24 hours
We have received an application form on the 27/01/2015 from the above for the above Licence.
Hours being applied for are
Monday to Sunday
18.00 – 19.00
If you have any observations to make then would you please advise in writing by
the 17/02/2015.
Regards
Licensing Team
Milton Keynes Council
1 Saxon Gate East
Milton Keynes
MK9 3EJ
T:01908 252800
Visit the Milton Keynes Council web site at http://www.milton-keynes.gov.uk
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Please consider the environment and don't print this email unless you really need to
**** This email and any attachments hereto are strictly confidential and intended solely for the addressee. It
may contain information which is privileged. If you are not the intended addressee, you must not disclose,
forward, copy or take any action in reliance of this email or attachments. If you have received this email in
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ANNEX D
Evans, Kieran
From:
Sent:
To:
Subject:
Evans, Kieran
03 February 2015 12:27
Shenley Brook End Parish Council Clerk
RE: Street Trading Consent 1 hour - MK City Kebab, Trading at Dulverton Drive, Furzton
ref 133259
Thank you for clarifying.
Regards,
Kieran Evans
Enforcement Officer
Licensing
T: 01908 25 2647
E: kieran.evans@milton-keynes.gov.uk
W: www.milton-keynes.gov.uk/licensing
Milton Keynes Council l Community Wellbeing l Licensing l Civic Offices l 1 Saxon Gate l MK9 3EJ
From: Rebecca Zimmerman [mailto:Rebecca.Zimmerman@shenleybrookend-pc.gov.uk]
Sent: 03 February 2015 11:59
To: Evans, Kieran
Cc: Roy Verman External
Subject: RE: Street Trading Consent 1 hour - MK City Kebab, Trading at Dulverton Drive, Furzton ref 133259
Dear Kieran
Members agreed that the 3 valid points made by Cllr Williams are the same 3 points the Committee wish to make.
Kind regards
Rebecca Zimmerman
Facilities and Administration Officer
Shenley Brook End and Tattenhoe Parish Council
Tel: 01908 521538
From: Evans, Kieran [mailto:Kieran.Evans@Milton-keynes.gov.uk]
Sent: 03 February 2015 11:38
To: Rebecca Zimmerman
Subject: RE: Street Trading Consent 1 hour - MK City Kebab, Trading at Dulverton Drive, Furzton ref 133259
Hello Rebecca,
Thank you for your comments, whilst you support Cllr Williams’ objection, please could you detail as to why SBE & T PC
object? The Committee and applicant would find the individual reasons useful.
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Many thanks,
Kieran
Kieran Evans
Enforcement Officer
Licensing
T: 01908 25 2647
E: kieran.evans@milton-keynes.gov.uk
W: www.milton-keynes.gov.uk/licensing
Milton Keynes Council l Community Wellbeing l Licensing l Civic Offices l 1 Saxon Gate l MK9 3EJ
From: Jones, Deborah On Behalf Of Licensing
Sent: 03 February 2015 11:02
To: Evans, Kieran
Subject: FW: Street Trading Consent 1 hour - MK City Kebab, Trading at Dulverton Drive, Furzton ref 133259
From: Rebecca Zimmerman [mailto:Rebecca.Zimmerman@shenleybrookend-pc.gov.uk]
Sent: 03 February 2015 10:48
To: Licensing
Cc: Roy Verman External
Subject: RE: Street Trading Consent 1 hour - MK City Kebab, Trading at Dulverton Drive, Furzton ref 133259
Dear Deborah
At our planning meeting last night, members wish to object to this application and support the objection made by Ward
Councillor Chris Williams. Chris has been emailing Kieran Evans, Enforcement Officer at MKC, in connection with this
application.
Kind regards
Rebecca Zimmerman
Facilities and Administration Officer
Shenley Brook End and Tattenhoe Parish Council
Tel: 01908 521538
From: Jones, Deborah [mailto:Deborah.Jones@milton-keynes.gov.uk] On Behalf Of Licensing
Sent: 30 January 2015 11:32
To: Hogan, Marie; Paradine, Kevan; Lain, Steve; Mullins, Daniel; Ward, Rob; EHSouth team; Safer Communities Unit;
Burke, Stuart; Cannon, Peter; Williams, Chris (Councillor); Clerk User
Subject: Street Trading Consent 1 hour - MK City Kebab, Trading at Dulverton Drive, Furzton ref 133259
LOCAL GOVERNMENT (Miscellaneous Provisions) Act 1982
Street Trading Consent – 1 hours trading within every 24 hours
2
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We have received an application form on the 27/01/2015 from the above for the above Licence.
Hours being applied for are
Monday to Sunday
18.00 – 19.00
If you have any observations to make then would you please advise in writing by
the 17/02/2015.
Regards
Licensing Team
Milton Keynes Council
1 Saxon Gate East
Milton Keynes
MK9 3EJ
T:01908 252800
Visit the Milton Keynes Council web site at http://www.milton-keynes.gov.uk
Please consider the environment and don't print this email unless you really need to
**** This email and any attachments hereto are strictly confidential and intended solely for the addressee. It
may contain information which is privileged. If you are not the intended addressee, you must not disclose,
forward, copy or take any action in reliance of this email or attachments. If you have received this email in
error, please delete it and notify us as soon as possible.
The anti-virus software used by Milton Keynes Council is updated regularly in an effort to minimise the
possibility of viruses infecting our systems. However, you should be aware that there is no absolute guarantee
that any files attached to this email are virus free.****
3
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