Cheltenham Borough Council
Cheltenham Borough Council

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Agenda and minutes

Venue: Council Chamber - Municipal Offices. View directions

Contact: Annette Wight, Democracy Assistant 

Items
No. Item

1.

APOLOGIES

Councillor Diggory Seacome

Minutes:

Apologies were received from Councillor Seacome

2.

DECLARATIONS OF INTEREST

Minutes:

There were no declarations of interest.

3.

PUBLIC QUESTIONS

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

 

Minutes:

There were no public questions

4.

MINUTES OF LAST MEETING pdf icon PDF 75 KB

To approve the minutes of the last meeting held on 3 July 2015

Minutes:

The minutes of the last meeting held on 3 July were approved and signed as a correct record.

5.

APPLICATION FOR PERMISSION TO PLACE AN OBJECT ON THE HIGHWAY - ON THE PROMENADE BY THE LONG GARDENS pdf icon PDF 74 KB

Report of Licensing Officer

Additional documents:

Minutes:

The Licensing Officer, Phil Cooper, introduced the report regarding an application by Cheltenham North Rotary Club for permission to place an object on the highway.

 

The Licensing Officer explained that the object was a real Christmas tree to be placed on the Promenade by the Long Gardens and taxi rank, from 3rd to 29th December this year. He explained that the dimensions of the object were included in the report at paragraph 1.2 and pictures of the location were included in the report at pages 13 and 15. He highlighted that since the report was produced the applicants had revised the height of the tree from 20 feet to 13 feet. The Licensing Officer reported that objections had been received from consultees which were reproduced at paragraph 4 of the report. He commented on these as follows :

 

·         the area highways representative had said the location was suitable, but had expressed concern about its proximity to the taxi rank and whether revellers may try to climb it. Members were advised that the queue at the taxi rank was marshalled by official taxi marshals, and also that the situation could be monitored and if a risk was observed then the permission could be withdrawn. The council’s health and safety representative had met the applicants on site and had discussed their plans and given them advice and did not object to the proposal

·         the council’s built environment team and trees officers had objected due to the branches and cables in the trees overhead, but Members were advised that the applicants had reduced the height of the tree from 20 feet down to 13 feet in order to address this issue.

 

The Licensing Officer advised that the applicant was present to answer questions. Having heard the information and read the submissions, Members were asked to approve the permission if they thought it was suitable or appropriate, or to refuse it if they thought it was not suitable or appropriate. He reminded Members that they did have the option of applying such conditions to the permission as they thought appropriate.

 

In response to questions from Members the Licensing Officer said that the built environment team had not provided any new comments further to the proposed reduction in height of the tree.

 

The applicant, Mr Roger Champness was invited to address the Committee. He explained that originally an application had been made to erect a tree in front of the war memorial as a prominent position in the Promenade from where to collect donations. This position had the added advantage of being close to a source of electricity. The new application was for a position opposite Ormond Place which would leave 5m clear for pedestrians. The footprint would be 2.5 x 2.5m. They proposed to lay down boarding and the tree would be secured in to a heavy drum. It would be surrounded by a crowd enforcement barrier which would be locked together. The Rotary Club would gain access to the tree once a  ...  view the full minutes text for item 5.

6.

APPLICATION FOR STREET TRADING CONSENT - MR ADRIAN PAUL WOOD pdf icon PDF 103 KB

Report of Licensing Officer

Additional documents:

Minutes:

The Licensing Officer, Phil Cooper, introduced the report regarding an application from Mr Adrian Wood for 2 street trading units to sell seasonal fruit, vegetables and salad. He explained that the first application related to the corner of Church Street and High Street as illustrated in the report. The second application related to the High Street near the entrance to Beechwood Shopping Centre as shown in the report.


The Licensing Officer explained that in relation to Church Street/High Street location, objections had been received from the area highways representative, the council’s licensing team leader, and the council’s built environment team. The objections related to the location of the unit and the safety of pedestrians due to the fact that the proposed unit would fill the pavement, meaning that pedestrians would need to walk in the street or on the pavement on the other side. He stated that Church Street was open to vehicles although it was not a busy road.

 

Members were advised that the applicant had stated his willingness to reduce the size of the trading unit if the Committee thought it necessary. He reported that the Council’s public realm designer had also commented that that area of the High Street would be undergoing extensive roadway improvements from December this year and indeed works were already taking place. The Licensing Officer explained that if the committee were minded to grant street trading consent, it must be observed that trading would have to cease whenever roadway improvements were being carried out. He added that in relation to the High Street location near the entrance to Beechwood shopping centre, no objections had been received.

 

The Licensing Officer explained that in relation to each of the locations, the committee was asked to consider whether the proposed trading was appropriate given the policy requirement that such trading must be of a type that positively enhanced the enjoyment of the town as a leisure destination. He also highlighted that the committee should also give due to consideration to any effect the proposals may have on road safety and obstruction of the highway.

 

The Licensing Officer gave the following responses to Members’ questions-:

 

·         It was not known how long the traffic works would take,  although this would be beyond December

·         The height of the kerb had not been measured in the context of the policy in terms of trading near kerbs “no activity will be permitted within a minimum of 2 metres of a kerb”. Although it was noted that Members may depart from the policy if there were clear and defensible reasons to do so.

 

Members noted that there was very little traffic on Church Street and that the specific location had been used in the past by a flower seller.

 

Speaking on behalf of Mr Adrian Wood, Mr Knightly explained that Mr Wood had to leave his current premises by 4 September due to the commencement of the Brewery Phase 2 development. He said that Mr Wood was the only independent grocer in  ...  view the full minutes text for item 6.

7.

LOCAL GOVERNMENT ACT 1972 - EXEMPT INFORMATION

That in accordance with Section 100A(4) Local Government Act 1972 the public be excluded from the meeting for the remaining items of business as it is likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public are present there will be disclosed to them exempt information as defined in paragraph 1, 2 and 7, part 1 Schedule 12A (as amended) Local Government Act 1972, namely:

 

Information relating to any individual,

 

Information which is likely to reveal the identity of an individual,

 

Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

 

8.

EXEMPT MINUTES

To approve exempt minutes of the meeting held on 3 July 2015

Minutes:

The exempt minutes of the meeting held on July were approved and signed as a correct record with one amendment.

9.

ANY OTHER ITEMS THE CHAIRMAN DETERMINES TO BE URGENT AND WHICH REQUIRES A DECISION

10.

DATE OF NEXT MEETING

4 September 2015

Minutes:

4 September 2015