Agenda and minutes

To receive apologies for absence and to report any substitutions

Apologies for absence were received from Councillors Tony Gordon-Smith and John Fraser.

To receive declarations of interest in relation to any items included on the agenda for this meeting, in accordance with the Waverley Code of Local Government Conduct.

There were no declarations of interest received.

Waverley Borough Council is the Licensing Authority under the Local Government (Miscellaneous Provisions) Act 1982, and the purpose of this report is to determine an application for a licence to trade in a designated ‘consent’ street.

Recommendation

That the Licensing and Regulatory Committee determine the application from Mr Andrey Andreev for a consent to trade outside 41 High Street, Cranleigh. 

The Committee considered an application from Mr Andrey Andreev, who was present at the meeting, to continue to trade as a ‘Kebab Burger Van’. The applicant wanted to continue to operate in Cranleigh High Street (outside 41 High Street - The Post Office) with trading 7 days a week between 1730hrs and 2300hrs at this location. The Committee was reminded that an application for a street trading licence from Mr Andreev had been considered and agreed on 19 June 2017 subject to it being on a temporary basis for a period of 6months. His consent would expire on 30 December 2017.

The Committee was advised that officers had consulted with Cranleigh Parish Council, Cranleigh Borough Councillors, Cranleigh Chamber of Commerce, Waverley Borough Council’s Planning Department, Surrey Police, Surrey Fire and Rescue Service, Surrey County Council Highways Authority and other relevant consultees as part of the consultation period.  As a result one objection had been received to the application at the time of writing the report and a further objection had been submitted by Cranleigh Parish Council since the agenda was published, the details of which were read out at the meeting.

The Committee noted that matters which had been highlighted as concerns included increased littering, concerns of anti-social behaviour and noise nuisance (Public Order and Public Nuisance), it was not in-keeping with the local area and that there was sufficient current provision within the local area already.

The Committee had some concerns regarding this application. They asked Mr Andreev about litter that had allegedly been found around the van. He confirmed that before he left in the evening he always checked around the van for rubbish. Most people did not stay to eat but took their food away with them.  Some photographs were shared with the Committee showing evidence of takeaway litter in the High Street location, however councillors did not feel that they could attribute that rubbish to the kebab van because of its location in the High Street, particularly because there were other takeaway providers in the area.

The Committee asked about the opening times for the kebab van because he had not always been in operation at the times his licence allowed for and members sought reasons for why the hours should be extended, as per the application. Mr Andreev advised that he wanted to extend his time to 11pm because a lot of his business came around this time on some evenings and he wanted the flexibility to be able to serve them.   

The Committee withdrew to consider the application. Following the Committee’s deliberation the meeting resumed. During the deliberations, the Council’s legal advisor was asked to advise the Sub-Committee on legislation regarding Street Trading and application of Conditions.

The Committee resolved to GRANT the application in principle, as although complaints had been received, it was difficult to substantiate these without direct evidence. Therefore, there were standard conditions to be applied to the licence and the hours requested were to be amended because of the reasons  ...  view the full minutes text for item 18.