Agenda and minutes

Apologies were received from Councillor Lillywhite and Councillor Payne attended as substitute.

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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 5 February 2016.

The minutes of the last meeting held on 5 February 2016 were approved and signed as a true record.

ELLA AND FLEUR HOT YOGA, 23A PITTVILLE STREET

Report of Licensing Officer

The Licensing Team Leader, Louis Krog, introduced the report regarding an application from Mr Roman Wroath of Ella and Fleur Hot Yoga, to place an advertising board outside 23A Pittville Street, Cheltenham.   The proposed advertising board measured 110cm x 60cm and complied with the sizes recommended in the council’s policy.  A picture of the proposed structure was attached at Appendix A.  The Officer outlined the proposed times that the A board would be displayed and advised that the width of the pavement available was 4.2m.  The proposed location of the A board was attached at Appendix B.

The Officer drew members’ attention to terms of the policy as mentioned in 3.3 and 3.4 of the report and advised that one objection had been received from the Highways Enforcement Officers on the grounds of A boards being a nuisance to pedestrians and disabled people using the footway.  The Officer pointed out that although the business operated from the first floor, the premises also benefitted from a shop front at street level and referred to the photograph at Appendix C.   He advised that members should determine whether the location of the business on the first floor disadvantaged them and necessitated the need for additional advertising, or whether the presence of a street level shop frontage, small though it was, was sufficient advertising to negate the need for an A board.  He asked members to be mindful of promoting the council’s policy and advised that the Officer recommendation was to refuse the application on the grounds that the business had a presence at ground level.

Before moving on to questions to the Officer, Councillor Chard declared a personal interest, in that he knew the applicant having lived next door to him.

In reply to members’ questions, the Officer advised that all new applications came before the committee and in addition there was an objection to this application.  He also confirmed that the business was entirely on the first floor with a staircase leading from the shop front.  Members expressed concern over the flow of pedestrian access around the A board in view of the number of bus stops in that area that were very popular, with queues forming past the bus shelters resulting in restricted access for wheelchair users and buggies.  One member pointed out the inaccuracies in the scale of the submitted location plan.

The Chair invited Mr Wroath to address the committee in support of his application.  Mr Wroath acknowledged members’ concern about the bus stops and stated that he would offset the A board in relation to the last bus stop near his premises to create a larger space for people to move round.  He felt that the other bus stops further down the street did not cause a problem.  He told members that he felt their shop frontage was overwhelmed and lost, being situated between larger shops on either side.  An A board would pinpoint where his business was and he informed members that he also wanted to advertise  ...  view the full minutes text for item 5.

Report of the Licensing Team Leader

The Licensing Team Leader, Louis Krog, introduced the report regarding an application for the transfer and renewal of a sex establishment venue licence received on 11 January 2016 from Mr Massimo Salatino in respect of the premises located at 12-14 Bath Road, Cheltenham.  The SEV licence was formerly held by Bath Road Property Limited and that company was dissolved on 1 December 2015.  The Officer advised that the applicant had not applied to change any of the terms or hours of the existing licence.

A copy of the application form was attached at Appendix A, with a copy of the premises layout at Appendix B, a location map at Appendix C and a copy of the current licence at Appendix D.

The Officer informed members that no objections had been received from the Police, but 5 representations had been received from local residents and ward councillors, as well as comments from the Environmental Health Department and Gloucestershire Fire and Rescue Service and details of all of these were set out in the background papers.  Members were reminded that objections on moral grounds were not relevant to either the mandatory or discretionary grounds for refusal.

Members were further advised to consider that the Licensing Department had been informed that on condition the SEV licence be granted, that the venue would trade under the name of Eroticats for March 2016, after which it would close for a total refit.  Members were also reminded that the premises was situated in the relevant locality deemed to be inappropriate for the licensing of a SEV.  Members were advised to consider granting the application as applied for, granting it subject to any additional terms, conditions or restrictions, or refusing the application.

Members expressed concerns regarding the comments from the Environmental Health Officer (EHO) and the Fire Service about the state of the premises and, following a site visit, still had serious concerns about it being fit for purpose.  Members questioned the Officer about the provision of any documents to say the premises was compliant and asked for reassurance that a proper inspection would take place before the premises opened.  The Officer informed members that another inspection by competent officers would take place before race week and advised them that whether they granted the licence or not, the EHO and Fire Officer had their own powers to close down or not allow the premises to open.  He continued that he did not have papers from the EHO confirming that the work had been done, but that the applicant had such evidence with him, although he had not seen it.  One member commented that if as stated in 7.6 of the report the premises would be shut after race week for a total refit, that any work done now would be superficial.   Another member commented on the bad state of the exterior of the premises and the outside advertising and asked the Officer if there was a proposal to address this.  The Officer stated there was no application  ...  view the full minutes text for item 6.

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1 April 2016

1 April 2016.