The Chair of the Sub-Committee advised all present of the process of the hearing. He then invited the Licensing Officer to introduce the report as outlined within the agenda on pages 5 to 62.

Members and the applicant were provided the chance to ask questions of the Licensing Officer.  Members of the Committee asked if any response was received from the multiple warning letters issued, The Licensing Officer confirmed that letters had been acknowledged by Mr Bonar.  The Sub-Committee also asked the Licensing Officer to confirm the differences between the current consent and the renewal application consent to which it was confirmed they are the same with the exception to Grays Beach and Blackshots. 

A question was put to the Licensing Officer in relation to Grays Beach and whether there was anywhere that was permitted for parking to operate.  The Licensing Officer stated that historically the yellow lines were not enforceable however since 2020/2021 the yellow lines were reinstated. 

The applicant was then given the opportunity to present his case, during which he stated he had been in the ice cream business for a long time, the company had received awards had a number of vans and traded in other areas such as Victoria Park and Tower Hill in London.  He continued by mentioning he thought that Grays Beach was previously listed as an area to trade in on the original consent and therefore thought that it carried over.

The applicant stated that complaints had only be received since the café at Grays Beach had undergone new management.  He continued by advising the company was generally run very well.

Members and the Licensing Officer were provided the chance to ask questions of the applicant.  There were none from the Licensing Officer.

The Sub-Committee enquired if the applicant was receiving parking tickets when in the Grays Beach area, although he thought Grays Beach was an area consented to, did he continue to trade as the parking tickets themselves must have been an indication that the company were not permitted to be there.  The applicant detailed that on each occasion Enforcement Officers fined different vans and drivers on different dates and he confirmed that he  would speak to all drivers regarding the parking regulations. 

Members of the Sub-Committee heard that no complaints had been received for a few weeks to which the Licensing Officer confirmed the last complaint received was on 14 May 2023.  The applicant explained in relation to trading at Lakeside Shopping centre he was licensed by the landowner. The Licensing Officer confirmed the applicant would still need a street trading consent however, as this was going to be more than an hour a day this would be a separate application.

The Sub-Committee then asked the applicant to confirm which areas he wished the consent to cover, to which he responded South Ockendon, Aveley, Purfleet, Blackshots and Grays Beach however, he was happy to leave Grays Beach out considering the issues discussed. 

The Licensing Officer then provided a short summary to the Sub-Committee during which she commented Members had heard from the applicant and had sight of the factual report, it was for the Sub-Committee to decide if they felt the license should be granted or refused.

The applicant was asked to present a summary of his case to Members; during which he commented that 99.9% of the time the company was run very well and they had not received any complaints until recently.

The Chair sought everyone had said all they wished too; it was agreed they had. The Sub-Committee then adjourned at 7.28pm for deliberation and were accompanied by the Legal Advisor and the Democratic Services Officer. 

The meeting reconvened at 7.46pm

RESOLVED:

To grant the applicant attaching an additional condition.