Agenda and minutes

Apologies were received from Councillors Regan, Reid and Walklett.

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

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To approve the minutes of the last meeting held on 2 October 2015

The minutes of the last meeting held on 2 October 2015 were approved and signed as a true record.

CaffeDolcetti, 4 Regent Street, Cheltenham

The Senior Licensing Officer, Andy Fox, introduced the report regarding an application from Mr Robert Gibson of Caffe Dolcetti, 4 Regent Street, Cheltenham to place 2 tables and 4 chairs on the highway outside the premises from 10.00 to 18.00 hours every day.  Appendix A showed photographs of the location and Appendix B showed how the tables and chairs would be positioned, together with photos of the furniture.

The Officer advised that only one representation had been received and that was from the Gloucestershire Constabulary who stated that the width of the pavement in this location was insufficient for furniture.

In reply to a question, the Officer confirmed that the pavement width in question was 2.25m, reduced to 1.55m with the tables and chairs in place and that the Council’s policy required a minimum clearance of 1.8m.  He also confirmed that the applicant’s measurements had been verified by Licensing Officers.

The Chair invited the applicant to speak in support of his application.  Mr Gibson stated that he had been surprised that his application had come to this committee as prior to submitting his application he had spoken with Licensing Officers and he was aware that other similar establishments in the vicinity had had been granted permission with a clearance of 1.5m or less.  He said he had double checked his measurements with the tables and chairs in place to ensure he was the same as the others.  He told members that he only wanted 2 tables and 4 chairs to enhance the café culture scene in Regent Street.

One member raised his concern about people moving the tables and chairs to form a group of four.  Mr Gibson replied that if that happened he would address the situation and added that he had large front windows so would be able to see if there was any inappropriate behaviour and deal with it immediately.  He also informed members that he valued customer service very highly, that he always had two members of staff on duty and they also had a panic button to the Police Station.

The question of kerb height outside his premises was raised and the applicant replied that the height of the kerb was the same as that outside Café Nero, Jamie Oliver’s and others in the area.

In reply to a question from the Chair, the Officer informed members that the applications for the other premises mentioned had been granted prior to the current street scene policy.   The Chair remarked that he was aware of the circumstances of the application in relation to Jamie Oliver’s and mentioned that the committee had recently passed an application where tables and chairs were proposed, with end barriers, on a pavement of similar width but that the clearance in that case was only reduced in one local spot. He pointed out to members the need for consistency and the potential for other cafes in the vicinity to make similar applications.

One member commented that the Regent Street footpath was busier  ...  view the full minutes text for item 5.

Mr Neil Spencer – HCD757

The Senior Licensing Officer, Andy Fox, introduced the report regarding a review of the Hackney Carriage Driver’s Licence HCD757 for Mr Neil Spencer which was due for renewal on 4 February 2018.  He reminded members that this report had come to Committee in October, when it was decided to defer the item so Mr Spencer could familiarise himself with the background papers that he said he had not received.

The report explained that the council had received a number of complaints from the public about Mr Spencer’s behaviour, the details of which were outlined in the background papers.  In light of this, officers had taken the view that his Hackney Carriage Driver’s licence should be brought before the committee for a review.

The Officer drew members’ attention to two of the witness statements and advised that neither were community protection officers as stated in the paperwork.  The officer also referred members to the emails he had received from Inspector Tim Waterhouse and PS Andy White who had written in support of Mr Spencer.

In response to questions from members, the Officer replied that the number of complaints was only those before the committee today and that the complaints from 2011 and 2012 had been acted upon at the time.

The Officer further explained that Mr Spencer had received a verbal warning after the first occurrence, a written warning after the second occurrence, although there was no evidence to support that, and the third occurrence was before the committee today.   He confirmed that no action had been taken after the first two incidents as there was an enforcement protocol of steps to be taken before coming to committee.

The chair advised members that they needed to determine what weight to give to the first two incidents and to consider all three incidents before reaching a view.  The chair then invited the applicant to speak in support of his review.

Mr Spencer commented that after the first complaint in 2011, he made a statement and then heard nothing else until the October.  Following the second incident, he said that he rang the Licensing department concerning the CEO and was informed that as he had spoken to a Police Officer at the scene not to worry and then 2 or 3 weeks later he was asked to come in.  Mr Spencer said he had asked for a copy of the written warning but had never received one and the Licensing Officer confirmed this was the case as it did not exist.

With regard to the third incident, Mr Spencer admitted that he did make a comment, but not what was written down in the complainant’s statement.  He regretted his stupid remark but stated that he had been under personal pressure and stress with the illness of his father, who had since passed away.  The chair read out what was said as per Mr Spencer’s statement and asked Mr Spencer to confirm if that was correct and Mr Spencer agreed that it was.

One  ...  view the full minutes text for item 6.

Licensing up-date

The Briefing Note on Taxi and Private Hire Licensing Deregulation and Late Night Refreshment Licensing Exemptions was noted.

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4 December 2015

4 December 2015