Agenda item

LICENSING / PLANNING OF TAKEAWAYS ON EVINGTON ROAD

Officers will give a presentation concerning licensing and planning guidelines of takeaways on Evington Road.

 

There will also be a discussion on proposed initiatives to tackle littering in the surrounding area.

Minutes:

Mike Broster, Head of Licensing and Pollution Control, was welcomed to the meeting.

 

Mike gave a presentation on the licensing requirements for late night takeaways as for those granted on Evington Road. (Powerpoint presentation slides attached)

 

It was noted that licences were required for the sale of hot food between 11.00 pm and 5.00 am, for all eat in or take away premises.  There was no licensing control over premises that closed before 11.00 pm.

 

The licensing objectives were reported and the meeting particularly discussed the implications of the need to prevent crime and disorder, increase public safety and prevent public nuisance.  A list of those premises for which licences had been issued was presented for information which showed that there were 11 licenses held by premises on Evington Road, 1 on Kingston Road and 1 on Laurel Road.

 

Mike explained how representations on premises could be made by local residents and ward councillors about applications for new premises.  In reply to a question it was confirmed that if no representations were received the Council must grant the licence.  The process for applications appearing at hearings before councillors of licensing committee, where representations had been submitted, was also explained.  It was emphasised that evidence of existing public nuisance, or likely nuisance, was required as a material objection.

 

With regard to the concentration of licensed premises it was noted that where public nuisance is caused by the combination of a number of premises the Council could introduce a Saturation Policy, again, evidence of public nuisance would be required.  Evidence could include testimonials from residences about public nuisance suffered.  It was reported that it was important to tie the nuisance to the individual premises as the source and that individual letters had more impact than petitions.  Details of complaints made to the Police or the Council about noise, or anti-social behaviour, would enhance the evidence to support a Saturation Policy.

 

Mike was thanked for his presentation.

 

Barbara Whitcombe, Manager of the City Wardens Service, was invited to address the meeting.

 

Barbara referred to the ongoing environmental and enforcement work in the Ward, making particular reference to Evington Road and the problems of litter arising from the takeaway food outlets.

 

It was reported that for offences of littering, including littering from vehicles, fixed penalty notices were regularly issued to perpetrators.  It was also reported that each business had a duty of care under waste transfer agreements to ensure that waste from their premises was properly disposed of.  The increased enforcement of the duty of care had led to fewer problems being experienced of businesses storing their rubbish at their premises.  Fixed Penalty Notices had also been issued to premises where commercial bins had been left out for collection on non-collection days.  It was confirmed that this was classed as fly-tipping and warning letters prior to Notices being issued usually led to a satisfactory outcome.

 

In reply to questions Barbara referred to the problems experienced where illegally parked cars meant that road sweeping and cleaning could not be undertaken outside takeaway food premises, due to obvious kerbside access problems.  Colleagues from the parking enforcement section had been informed although it was noted that many locations allowed parking in the evenings and early mornings, at those times that the cleaning was mostly necessary.  It was suggested that parking enforcement be discussed at a future meeting. In conclusion of her report, and in Darren Evans’s absence, Barbara commented on other areas of the City Warden’s work in the Ward.

 

The Chair commented on the numbers of litter bins provided along the Evington Road and their current locations.  She proposed that a Ward Community Funding bid be submitted to increase the numbers of bins, which it was considered would help to alleviate the situation at problem areas. On a show of hands the meeting supported this initiative.

 

In discussing the amount of pavement seating allowed on Evington Road outside various premises, Mike agreed to check with colleagues that each of the premises concerned held the required highway licence.

 

The meeting referred to the recurring outcome of debates that there was a need to engage with the business community to address problems and improve the Evington Road area.  Officers agreed to contact business community representatives to convene a meeting, which would include Police representatives as well as the City Wardens and Licensing Officers.  The Terms of Reference of this meeting would be to identify a list of problems and to agree a prioritised list of actions.  Statistical data concerning planning policies and their implementation on the Evington Road area was also requested.

 

It was also agreed that an update be submitted to the next meeting.

 

 

Councillors Desai and Kamal left the meeting at 7:30 pm.