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Agenda and minutes

Venue: Town Hall, High Street, Maidstone

Contact: Poppy Collier  01622 6022242

Items
No. Item

65.

Apologies for Absence

Minutes:

It was noted that apologies for absence had been received from Councillors McLoughlin, Parvin and Springett.

 

66.

Notification of Substitute Members

Minutes:

It was noted that Councillor Ring was substituting for Councillor McLoughlin.

 

67.

Notification of Visiting Members

Minutes:

Councillor Vizzard was in attendance as an observer.

 

68.

Disclosures by Members and Officers

Minutes:

There were no disclosures by Members or Officers.

 

69.

Disclosures of Lobbying

Minutes:

There were no disclosures of lobbying.

 

70.

To consider whether any items should be taken in private because of the possible disclosure of exempt information.

Minutes:

RESOLVED: That the items on the agenda be taken in public as proposed.

 

71.

Minutes of the Meeting held on 24 September 2015 pdf icon PDF 53 KB

Minutes:

RESOLVED: That the minutes of the meeting held on 24 September 2015 be approved as a correct record and signed.

 

72.

Minutes of the Meeting held on 19 October 2015 pdf icon PDF 100 KB

Minutes:

RESOLVED: That the minutes of the meeting held on 19 October 2015 be approved as a correct record and signed, subject to the following amendment:

 

That the reference to a Dance House Mother be amended to read House Mother.

 

73.

Report of the Head of Housing and Community Services - Street Trading Consent – Mr David Bolesworth pdf icon PDF 95 KB

Additional documents:

Minutes:

The Chairman invited all present to introduce themselves, as follows:

 

Councillor Hinder   – Chairman

Councillor Joy   – Vice-Chairman

Councillor Blackmore   – Committee Member

Councillor Greer   – Committee Member

Councillor Grigg   – Committee Member

Councillor B Mortimer   – Committee Member

Councillor Naghi   – Committee Member

Councillor Newton   – Committee Member

Councillor Ring   – Committee Members

Councillor Robertson   – Committee Member

John Littlemore   – Head of Housing and Community Services

Jayne Bolas   – Legal Advisor

Claire Perry   – Licensing Partnership Manager

Poppy Collier   – Clerk to the Committee

David Bolesworth   – Applicant

Lee May  Brachers Solicitors, representing the Applicant

Ashley Green   – Gourmet Street Food Company, Objector.

 

It was noted that apologies were received from Environmental Health and Fremlin Walk, who had submitted objections included in the agenda. Both were unable to attend due to late notice and prior commitments, and wished their objections to be taken into account.

 

The Head of Housing and Community Services, John Littlemore, provided a brief overview of the application. Jayne Bolas, the legal advisor, corrected the statement at item b) of the Order of Proceedings included at p.58, clarifying that the Head of Housing and Community Services did not have the delegated power to refuse an application, applications with objections were referred to Committee for a decision after a hearing.. 

 

The applicant was invited to present his case. Lee May, representing the applicant, stated the following:

 

·  The applicant, if granted the variation, would not be frying any onions or other food. In his view the environmental enforcement objection related to a misapprehension that he would be.

·  The application accorded with the Council’s policy.

·  There were, in Mr May’s opinion, no meaningful objections.

·  When balancing the matter the benefit should be given to the applicant due to this being his livelihood.

·  The applicant already had permission to sell ice creams from his barrow, in the same location at the same times. The application was to sell hotdogs from an enclosed cabinet on the same barrow. The hotdogs would not be cooked in the cabinet, but would be kept warm using steam. This type of equipment was used in cinemas and other enclosed spaces. The policy was for a presumption in favour of granting unless a reason set out in the policy applied.

·  Competition should not be an argument against granting the application, as if there were not a sufficient market then Mr Bolesworth would cease to trade.

·  There was not an undue concentration of similar trade in the area, and it would be unfair to Mr Bolesworth if Fremlin Walk’s decision to have multiple businesses were to disrupt his ability to trade.

·  There would be no noise from the equipment and no smell. An arrangement had been formed with the Royal Star Arcade for the disposal of litter.

·  There would be no obstruction caused as there was already consent in place for the pitch, and the application would require only a slight change to the design of the barrow to accommodate the cabinet.

·  Fourteen of those  ...  view the full minutes text for item 73.

74.

Report of the Head of Housing and Community Services - Outcome of the consultation on the Draft Statement of Gambling Policy 2005 for 2016 -2019 pdf icon PDF 70 KB

Additional documents:

Minutes:

John Littlemore, Head of Housing and Community Services, introduced the report detailing the outcome of the consultation on the Draft Statement of Gambling Principles for 2016-19.

 

Coral had responded and Gosschalks had submitted suggestions for consideration (attached as appendix B to the report).

 

The Committee was advised that a full review would be undertaken in 2016. It was recommended that the current principles be approved with provision to take into account the suggestions made by Gosschalks during the full review.

 

In response to questions it was confirmed the risk of being judicially reviewed was low due to the fact that Gosschalks’ suggestions would be taken into account in the drafting of a fully revised Statement.

 

RESOLVED:

 

1.  That the draft Statement of Gambling Principles attached as Appendix A to the report of the Head of Housing and Community Services be approved for recommendation to full Council for adoption.

 

2.  That the suggestions for change to the policy made by Gosschalks be noted.

 

75.

Report of the Head of Housing and Community Services - Draft Statement of Licensing Policy pdf icon PDF 78 KB

Additional documents:

Minutes:

The Head of Housing and Community Services, John Littlemore, presented the report on responses to consultation on the draft Statement of Licensing Policy 2016-2021. It was explained that, if agreed by the Committee, it would then be presented to Council on 9 December 2015 for adoption.

 

In response to questions Mr Littlemore confirmed that his delegated authority was to make the amendments already listed at appendix B of the report, and any other minor corrections.

 

RESOLVED: That the Statement of Licensing Policy at Appendix A to the report of the Head of Housing and Community Services be approved for recommendation to full Council, and the Head of Housing and Community Services be authorised to make the amendments identified, and any other minor amendments, in Appendix B to the report.

 

 

76.

Urgent Report of the Head of Housing and Community Services - Licensing Training

Minutes:

The Head of Housing and Community Services, John Littlemore, requested that this urgent item be withdrawn due to the intention to bring a fuller report to the next meeting of the Committee, which was agreed by the Chairman.

 

Mr Littlemore took the opportunity to provide a verbal update advising Members that a letter would be sent to those who had not attended training to confirm a date for this to be undertaken.

 

RESOLVED: That the verbal update of the Head of Housing and Community Services be noted.

 

77.

Duration of Meeting

Minutes:

6.30 p.m. to 8.05 p.m.