Agenda item

4.1

The Chief Licensing Officer submitted a report to consider an application, under the Local Government (Miscellaneous Provisions) Act 1982, for the grant of a Static Street Trading Consent to trade at Tinsley Green School.

4.2

Present at the meeting were Peter Devoti (Applicant), Zoe Devoti (Applicant’s wife) Clive Stephenson (Licensing Strategy and Policy Officer), Marie-Claire Frankie (Solicitor to the Sub-Committee), Samantha Bond (Professional Officer) and Jennie Skiba (Democratic Services).

4.3

Samantha Bond outlined the procedure which would be followed during the hearing.

4.4

Clive Stephenson presented the report to the Sub-Committee and it was noted that an objection to the application had been received from Tinsley Green School and was attached at Appendix “B” to the report.  Tinsley Green School had been invited, but had not sent a representative to attend the hearing.

4.5

Peter Devoti stated that he had traded in the Tinsley area for 40 years and had always parked his vehicles safely, he had never received a parking ticket and that the only complaint he had received had been two or three years ago from a former Headteacher at Tinsley School. He added that he had always parked considerately and would never put the life of anyone at risk and that there was never an issue of children being put at risk by standing in the road.  Mrs. Devoti added that her husband would park the ice cream van outside the school at 2.30 p.m. and would not leave until the school had cleared.  She added that all the company’s vehicles complied with all health and safety regulations.

4.6

In response to questions from Members of the Sub-Committee, Zoe Devoti stated that she had tried to make contact with the Headteacher at the School, which was a new-build school and had opened in September, 2016, but unfortunately had had no response.  She added that the infant and junior schools had merged and had re-opened last September and was situate within Tinsley Park, making it further away from the road.

4.7

Clive Stephenson reported on the options open to the Sub-Committee.

4.8

RESOLVED: That the public and press and attendees involved in the application be excluded from the meeting before further discussion takes place on the grounds that, in view of the nature of the business to be transacted, if those persons were present, there would be a disclosure to them of exempt information as described in paragraph 5 of Schedule 12A to the Local Government Act 1972, as amended.

4.9

Marie-Claire Frankie reported orally, giving legal advice on various aspects of the application.

4.10

At this stage in the proceedings, the meeting was re-opened to the public and press and attendees.

4.11

RESOLVED: That, following consideration of the information contained in the report now submitted and the representations now made, the application for a Static Street Trading Consent at  Tinsley School off Norborough Road, Sheffield  (Case. No.45/17), be granted.

(The full reasons for the Sub-Committee’s decision will be included in the written Notice of Determination.)