Agenda and minutes

Apologies for absence were received from Councillor Saltmarsh and Councillor Ash.

Councillor Peach declared that he was the Ward Councillor for the location of the proposed trading pitch in Central Park, but that he did not have a personal or prejudicial interest.

The minutes of the meeting held on 15 February 2011 were approved as a true and accurate record.

          The Regulatory Officer addressed the Committee and advised that the appeal was from Mr Wajid Hussain, the applicant, against the revocation of an ice cream trading consent. The appeal was for the Committee to reverse the decision of the Licensing Authority to revoke Mr Hussain’s ice cream trading consent.

          The report detailed the background to the appeal and the revocation letter, which had been sent to Mr Hussain detailing the number of complaints and alleged breaches of the trading conditions, was attached at Appendix A.

          Members were advised that the sheer volume of complaints and breaches highlighted, in the opinion of the Licensing Authority, that Mr Hussain had little or no regard to trading in a lawful manner. Mr Hussain had been given numerous warnings with regards to his trading practices and it appeared that those warnings had been ignored.

The appeal letter received from Mr Hussain was attached at Appendix B to the committee report. This contained information which contradicted information that had been provided by Police Officers and the Local Authority. Members were further informed that the Licensing Manager was in attendance to address the Committee, if it so wished, in order to support his written statement which was included in Appendix C, attached to the committee report.

          Appendix E to the committee report highlighted the ice cream trading ‘check sheet’ which had been personally signed by Mr Hussain. The Regulatory Officer advised that he had personally been through each individual point on the sheet with Mr Hussain and had explained in detail what each point meant. Mr Hussain had subsequently signed the sheet to indicate that he had read and understood the conditions placed on his street trading consent. It was highlighted to the Committee that on the sheet, it clearly stated that trading should not take place in Park Farm or in Central Park. It was therefore the opinion of the Licensing Authority that Mr Hussain had breached these conditions on a number of occasions, despite acknowledging that he was aware of the conditions.

          The Regulatory Officer further advised that the decision to revoke the trading consent had not been taken lightly. Mr Hussain had been contacted on a number of occasions in order to try and dissuade him from breaching the conditions on his licence and he was forewarned that if he did continue to breach the conditions, his licence may be revoked. The advice had been disregarded and Mr Hussain had continued to breach his conditions.

Mr Hussain’s ice cream trading consent had been withdrawn from Peterborough, therefore this did not restrict him from plying his trade outside of the Peterborough area. Mr Hussain did regularly trade in Whittlesey.

The Regulatory Officer requested that the decision of the Licensing Authority be upheld.

Members requested clarification as to comments contained within witness statements. It had been stated that Mr Hussain was in situ on certain days, and Mr Hussain had subsequently refuted these claims in his appeal letter. Members sought clarification as  ...  view the full minutes text for item 4.

The Chairman addressed the Committee and advised that in light of the outcome of the previous item, this item was irrelevant and was now withdrawn.