Agenda and minutes

Councillors Reid and Walklett gave their apologies.

 

Councillor McCloskey attended as a substitute for Councillor Reid.

 

Councillor Barnes declared an interest in agenda item 6 as he had publicly declared his objection against this application and would not sit on Committee for this item.

Councillor Barnes declared an interest in agenda item 7 as he had had discussions with the applicant and was therefore compromised.  Councillor Barnes said he would not sit on Committee for this item.

 

These must be received no later than 12 noon on the fourth working day before the date of the meeting

 

None

 

10 January 2014

Resolved that the minutes of the meeting held on 10 January 2014 be agreed and signed as a true record.

 

 

20 December 2013 – Manor by the Lake

3 January 2014 – The Cricket Club

9 January 2014 – St James Hotel

Resolved that the minutes of the sub committee meeting held on 20 December 2013 be amended to include Councillor McCloskey’s attendance and be signed as a true record.

 

Resolved that the minutes of the sub committee meetings held on 3 January 2014 and 9 January 2014 be agreed and signed as a true record.

 

 

Diamond Gentleman’s Club, 12-14 Bath Road, Cheltenham, GL53 7HA

Louis Krog, Licensing and Business Support Team Leader, introduced the report as circulated with the agenda.  Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, as amended by section 27 of the Policing and Crime Act 2009, allows applicants to apply for a Sexual Entertainment Venue (SEV) licence where they wish to offer “relevant entertainment” (as defined at paragraph 2.5 of the report) on a frequent basis (as defined at paragraph 2.4 of the report).

 

An application for a SEV licence was made on 13 December 2013 by Bath Road Property Limited in respect of Diamond Gentlemen’s Club at 12-14 Bath Road, Cheltenham, GL53 7HA.

 

The applicant has applied to offer relevant entertainment at the premises every day from 20:00 to 04:00.

 

The Officer referred Members to point 1.3.2 of the report which outlined the proposed variation of the standard condition; “During any performance there must be no physical contact between the performer and any member of the viewing public.  A safe distance of 90cms (36 inches) should be maintained between performers and customers during all performances” so to remove the 36 inch rule so that the condition reads; “During any performance there must be no physical contact between the performer and any member of the viewing public”;

 

The Officer also referred Members to 1.3.3 of the report which states; for the following non-standard timings “Operating hour’s from 1100 until 0400 on all Cheltenham race days.  At the start of British Summertime, the terminal hours of the operation shall be extended by one hour”.

 

Appendix A of the report provided a copy of the application form.

Appendix B of the report showed a copy of the premises layout.

Appendix C of the report detailed a location map of the premises.

Appendix D of the report listed the house rules of the premises.

 

The Officer advised Members that since the adoption of the amended provision of Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982, any premises that want to offer “relevant entertainment” on a frequent basis can only do so by obtaining a SEV licence.

 

The Officer confirmed that the applicant had correctly advertised the application.

 

The Officer advised Members that objections made on moral grounds or values should not be taken into account because these were not relevant to either the mandatory or discretionary grounds for refusal and the Council recognise that sexual entertainment is a legitimate form of entertainment.  In determining the application, Members must have due regard to any observations made by the Chief Officer of the Police and any other comments made by anybody else.

 

Gloucestershire Constabulary did not object to the application but have requested that the conditions listed at 4.4.1, 4.4.2, 4.4.3, 4.4.4 and 4.4.5 of the report be incorporated in to the conditions of the licence.

 

The Officer confirmed that 193 representations had been submitted from other persons.  These were shown in the background papers.  A summary of the issues raised by objectors were listed at point  ...  view the full minutes text for item 6.

The Ball Room

Councillor Garth Barnes stood down as Chairman due to his declaration of interest.  Councillor Seacome became Chairman for this item.

 

Louis Krog, Licensing and Business Support Team Leader introduced the report as circulated with the agenda.  An application has been received from Mr Raja Miah in respect of The Ball Room, Bayshill Lodge, Montpellier Street, Cheltenham.  The applicant has requested to place 21 chairs and 7 tables on the pavement directly outside the premises.

 

If the application was granted today the tables and chairs would be placed outside from 08.00 to midnight on Monday and Tuesday’s. 08.00 to 01.00 on Wednesday to Saturday’s and from 10.00 to 23.00 on Sunday’s.

 

Appendix A of the report detailed a picture of the proposed table and chairs.

Appendix B of the report provided a location plan of the premise.

 

The Officer advised the Committee that at the Licensing Committee on 10 January 2014, Members resolved to defer the determination of this application to allow Members to visit the proposed site.  The application is now being brought back to Committee for determination.

 

The Officer confirmed that four objections had been received as point 3.2 of the report detailed.  Appendix C of the report provided a copy of the objections.

 

The Officer referred Members to point 5.3 of the report which advised Members about the current Street Scene Policy.

 

Members asked the following questions;

 

• When asked, the Officer confirmed that other premises in the area have permission to place tables and chairs outside until midnight.
• A Member proposed an amendment to the application which would consist of 2 tables and 6 chairs to the right of the entrance and on the left side 2 tables with 4 chairs.
• The applicant confirmed that the size of the chairs were the same as chairs placed outside Soho’s premise.
• Members felt the tables and chairs should be placed outside until midnight to be consistent with other premises in the area.

 

Members were advised they had the following recommendations to determine;

 

1.                  The application be approved because Members feel the application is compatible with the current Street Scene Policy, or;

2.                  The application be refused as the application falls outside the provision of the current Street Scene Policy.

 

Upon a vote it was unanimously

 

RESOLVED that the application is amended to approve four chairs and two tables to the left of the premises (facing the premises) and six chairs and two tables to the right of the premises (facing the premises).  The terminal hour for the use of tables and chairs will be Monday to Saturday until midnight because Members feel the application is compatible with the current Street Scene Policy.

 

 

 

 

 

Mr Keith Clements

Members of the Committee unanimously voted to keep Councillor Seacome as Chairman for this item in Councillor Barnes’ absence.

 

Louis Krog, Licensing and Business Support Team Leader introduced the report as circulated with the agenda.  This is a review of Mr Keith Clements Hackney Carriage driver’s licence.

 

On the 2 January 2014 Cheltenham Borough Council were informed by Gloucestershire Constabulary that Mr Clements had been found driving a licensed Hackney Carriage vehicle without insurance on 31 December 2013.

 

Further checks by Gloucestershire Constabulary revealed that Mr Clements was not entitled to drive a motor vehicle because his DVLA driver’s licence was revoked in October 2013 for failing to submit his licence following 3 fixed penalty points being added to his DVLA driver’s licence.

 

The Officer stated that upon notification of this information Mr Clements was invited to attend the Municipal Offices to provide and explanation.  He failed to attend two arranged meetings and failed to respond to attempts to contact him.  As a consequence to this and other matters listed in 2.2 of the report Mr Clements Hackney Carriage driver’s licence was suspended with immediate effect on the basis that he was not considered a fit and proper person.

 

Mr Clements had indicated that he would not be able to attend the meeting today.

 

Members felt Mr Clements had had ample opportunity to make his case known and felt they should determine this in his absence.

 

Members were advised they had the following recommendations to determine:

 

1.                  Mr Clements in not a fit and proper person to hold a Hackney Carriage driver’s licence and as a consequence his licence will be revoked under section 61(1)(c) of the Local Government (Miscellaneous Provisions) Act 1976,

2.                  Subject to recommendation 2.1.1 of the report, his Hackney Carriage driver’s licence be revoked with immediate effect in the interest of public safety under section 61(2B) of the local Government (Miscellaneous Provisions) Act 1976; or

3.                  Mr Clements is a fit and proper person and that the suspension be lifted with no further action.

 

Upon a vote it was unanimously

 

RESOLVED that, subject to recommendation 2.1.1 of the report, Mr Clements Hackney Carriage driver’s licence be revoked with immediate effect in the interest of public safety under section 61(2B) of the local Government (Miscellaneous Provisions) Act 1976.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Boots Corner

 

Councillor Garth Barnes returned as Chairman for this item.

 

Jeremy Williamson, Cheltenham Development Task Force Managing Director attended the Committee to answer Members questions and concerns.  The following points were made.

 

The Development Task Force MD stated that he had spoken to the County Council who raised points about a similar controlled zone in Gloucester.  Their experience showed that Hackney Carriage and Private Hire vehicles when not being used for business became private cars which still used the controlled zone.  There was a difficultly controlling Private Hire vehicle’s as they are more seasonal.  The decision was to allow Hackney Carriage vehicles access through the controlled area but no Private Hire vehicles.

 

A Member asked The Development Task Force MD why the Licensing Committees previous discussions and points had not been forward on to him.

 

The Licensing Officer confirmed that after discussions with the Licensing Committee a letter was sent to the Cheltenham Development Task Force MD and the County Council expressing the Committees views and concerns.

 

Private Hire vehicles are more commonly booked for longer journeys with vehicle originating from outside of Cheltenham therefore the vehicle would not be on the controlled vehicle list anyway.

 

Members raised the following concerns and questions;

 

• A Member felt this would discriminate some drivers.
• A Member felt the County Council had got this wrong.  The purpose of controlling the Boots corner area was to reduce traffic.  It would be more sensible to cease both Private Hire and Hackney Carriage vehicles.  The topic the County Council had also overlooked was the location of the Hackney Carriage rank in Pittville Street, access to this rank if through Boots corner.  The Member suggested moving this Hackney Carriage rank to Winchcombe Street.  Another rank near by was located at Bennington Street.  Problems within the trade would be caused if only Hackney Carriage vehicles were given access.
• A Member objected to only Hackney Carriage vehicles having access to this controlled area.  Members of the public do not know the difference between Hackney Carriage and Private Hire vehicles and felt that Private Hire vehicles need more identification.
• The Licensing Officer confirmed that the law requires Hackney Carriage vehicles to have a plate placed on the back of the vehicle and there is not a law to enforce this for Private Hire vehicles.
• A Member felt there would be enough buses using this controlled area and that both Hackney Carriage and Private Hire vehicles should not have access.  If access was granted this area would become part pedestrianised which defeated the object.
• A Member felt having one or the other trade would cause inequality.  The Member was concerned that events that happened in Gloucester were having an affect on decisions made in Cheltenham.  The Member asked the Cheltenham Development Task Force MD what was going to be done about this and residents of Cheltenham needed to be considered.  This Licensing Committee were determined to make a decision.
• The Cheltenham Development Task Force MD said  ...  view the full minutes text for item 9.

7 March 2014

Friday 7^th March 2014