Agenda and minutes

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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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26 July 2013

Councillor Stennett confirmed he had given his apologies for the Licensing Committee on 26 July 2013.  Upon this amendment it was resolved that the minutes of the meeting held on 26 July 2013 be agreed and signed as an accurate record.

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O’Neills, 23 Montpellier Walk

Amelia Byres, Senior Licensing Officer introduced the report as circulated with the agenda.  An application had been received in respect of O’Neills, 23 Montpellier Walk, Cheltenham.  The premises have two public entrances, one on Montpellier Street and the other on Montpellier Walk.  The applicant already had consent to place tables and chairs on both Montpellier Street and Montpellier Walk but were looking to extend the hours and to leave them on the highway overnight.

This application was submitted as a result of enforcement action.  All premises in this area with tables and chairs consent were written to reminding them of their consent timings and conditions.  These premises had not adhered to the condition of bringing the tables and chairs inside overnight.

Amelia Byres advised Members that the application is not to increase the number of tables and chairs on the highway but to extend the timings of the current consent and allow for the tables and chairs to remain on the highway overnight securely chained.  The current consent allows the tables and chairs to be placed on the highway between 11.00 and 23.00.

Amelia Byres confirmed there was a mistake in paragraphs 1.5 and 1.7 of the report.  The applicant requested the tables and chairs for customer use on Sunday to Wednesdays from 10.00 to 00.00 and Thursday to Saturdays from 10.00 to 01.00.  The tables and chairs would therefore remain on the highway 24 hours per day and would be chained up overnight.

Members asked the following officer questions:

• When asked, Amelia Byres confirmed the application covered both sides of Montpellier Street and Montpellier Walk.  If the application was granted it would be one consent covering the same times for both areas.
• When asked, Amelia Byres confirmed the tables and chairs would always be placed within the barriers and the barriers would be taken inside overnight

Ms Sharkey, Solicitor and Mr Paul Thomas, area manager attended the meeting and spoke in support of their application.

Ms Sharkey referred to the local residents concerns of noise and confirmed they would amend the table and chairs usage to midnight not 01.00.  The premises is open at 10.00 and would like the table and chairs usage to be brought in line with this time.  This would allow customers to sit outside from when the premise opens. 

The flower pots would be placed either side of the doorway on Montpellier Walk and would be taken in overnight with the barriers.  The tables and chairs are very heavy making them difficult to move in and out of the premises.  Moving them inside in the evening would involve customers being asked to stand outside of the premises to enable the table and chairs to be moved and stored inside.  The tables and chairs were expensive to buy and it was in their interest to ensure they were not damaged or stolen whilst being chained up overnight.

Members asked the following questions:

• When asked, Ms Sharkey confirmed the premises start serving breakfasts at 10.00  ...  view the full minutes text for item 6.

Soho Bar, 2 Rotunda Terrace

Amelia Byres, Senior Licensing Officer, introduced the report as circulated with the agenda.

An application had been received from Mr Ansar Ali in respect of Soho Bar, 2 Rotunda Terrace, Montpellier Street, Cheltenham.  The applicant wishes to place 12 chairs and 6 tables on the pavement outside 2 Rotunda Terrace.

Amelia Byres advised Members this premises has an existing consent and as a result of an enforcement letter sent out to all premises in this area, the applicant was seeking an extension of the timings of the current consent.  The application sought consent for the following times:

Monday to Wednesday 10.00 – 00.30

Thursday to Saturday 10.00 – 01.30

Sunday 10.00 – 23.30

A local resident had objected to the application as detailed in point 4.2 of the report.

Members asked the following Officer questions:

• When asked, Amelia Byres confirmed the latest premises in this area with tables and chairs on the highway is The Montpellier Wine Bar at 00.30.

Mr Ali and Mr Mannan, directors of the businessattended the Committee and spoke in support of the application.

Mr Ali stated that the tables and chairs were left out later than their consent due to a misunderstanding.  At present customers were asked to move indoors at the end of the table and chair consent which caused problems as the premise is open until 01.30.

Mr Mannan explained that they wanted to bring the tables and chairs consent in line with their opening times on the premises licence.  The use of a barrier would also make it easier for crowd control.

This would stop problems occurring when customers are asked to move inside.  Customers could not be stopped from going outside after 01.00 to smoke. 

Members asked the following questions:

• A Member raised concern over the timings and felt 01.00 was too late for local residents and their sleep would be disturbed.
• Mr Mannan stated that he could not stop members of the public from going outside in the Montpellier area.  People come from all over the country to visit Cheltenham’s nightlife which is a prime position and the whole town benefited from this.  The hours requested should be bought in line with other premises in the area.
• When asked, Mr Ali confirmed the resident who had objected had not made direct contact with the premises.  Both shops next door to the premises had commented on how the premises had improved the area and how well it is managed.
• Members felt the timings should be brought in line with other premises in the area. 
• When asked, Amelia Byres confirmed the premises close by, Montpellier Wine Bar, had consent for tables and chairs use from 10.00 to 00.00 on Monday, Tuesday, Wednesday and Thursdays, 10.00 to 00.30 on Friday and Saturdays and 11.00 to 11.00 on Sundays.

In summing up, Mr Mannan said the reason they had requested an extension of hours for the use of tables and chairs was not to encourage customers to stay outside  ...  view the full minutes text for item 7.

Mr Shamsuz Zaman

Amelia Byres, Senior Licensing Officer introduced the report as circulated with the agenda.  An application had been received from Mr Shamsuz Zaman for a Hackney Carriage driver’s licence.

Mr Zaman has convictions on his driving licence, details of which are contained in the enclosed background papers.

Amelia Byres advised the Committee that Mr Zaman attended the Licensing Committee in January 2012 with the same application.  The same points were on Mr Zaman’s driving licence as shown in the background papers then.  All facts were the same as then, his penalty points would be removed from his DVLA drivers licence in November 2013.

Members asked the following Officer questions.

• When asked, Amelia Byres confirmed that Mr Zaman did not have passengers at the time of the offence.  He was using the vehicle for personal use whilst being insured for business purposes only
• A Member stated that Mr Zaman had used a vehicle whilst on trade plates for business use without the correct insurance.
• When asked, Amelia Byres advised Members that the Policy states there should be 5 years free from conviction.
• When asked, Amelia Byres confirmed that Mr Zaman is currently a licensed taxi driver with Gloucester City Council.

Mr Zaman attended the Committee and spoke in support of his application.  He explained that he thought he was insured for business use when using the vehicle on trade plates, this was a misconception.  As detailed in the interview notes in the background papers, Mr Zaman stated that he thought the vehicle had been registered under the businesses trade licence.  This was a mistake on his behalf and had no other penalty points since then.  Mr Zaman said his DVLA points would be removed from his licence soon as nearly 4 years has passed since the date of the offence.

Members asked the following questions:

• Amelia Byres clarified to Members that Mr Zaman’s DVLA penalty points would be removed from his licence after 4 years had lapsed.  The adopted Policy states that the applicant should have 5 years free of convictions. 
• A Member suggested if granted, that the licence should be for 12 months only.  Amelia Byres referred Members to point 4.4 of the report which advised Members if they are minded to grant the licence, they have the option of granting a 1 year or 3 year licence.
• The Chairman agreed with the member if granted, the licence should be approved for 1 year with Officer delegation to renew subject to a clear DBS check and DVLA driver’s licence.

In summing up Mr Zaman advised the Committee that he had learnt his lesson and had suffered as a result of his penalty points.  He said he had been a taxi driver for Gloucester City Council for 3 and a half years, he was now a more sensible driver and if this licence was granted he would respect and adhere to the conditions.

Members had the following recommendations to vote on:

1. The Committee is recommended to resolve that Mr Zaman’s application be  ...  view the full minutes text for item 8.

Mr Samir Jamshidi

Amelia Byres, Senior Licensing Officer introduced the report as circulated with the agenda.  This is a review of Mr Samir Jamshidi’s Hackney Carriage Drivers Licence. 

Mr Jamshidi obtained 6 penalty points on his DVLA driver’s licence in May 2013 for speeding at 106 miles per hour with a passenger in his vehicle.  Mr Jamshidi immediately reported the offence within the specified time frame to the Licensing department and brought in the official paperwork detailing the offence.  Amelia Byres advised Members that this was Mr Jamshidi’s first offence whilst being a licensed driver with Cheltenham Borough Council.

Mr Jamshidi attended the meeting and spoke in support of his licence.  He explained that his passenger was a college student who had continually asked him to drive faster back to the Fire College in Moreton in Marsh.  When the Police pulled him over Mr Jamshidi said he thought he had been driving at 85-90 mph, he was actually driving at 106 mph.

Mr Jamshidi provided a letter from the passenger, a copy of the letter is provided as a supplement to this agenda item.  Mr Jamshidi stated that he was at fault as he was the driver of the vehicle and would not repeat this again.

Members asked the following questions:

• A Member stated that they could not understand why the passenger needed to get back to the fire college so quickly.
• Mr Jamshidi said the passenger didn’t give a reason other than he needed to get there quickly.
• The Chairman read a copy of the letter out to the Committee.
• A Member confirmed there was no date or address on the letter so the Committee were unable to confirm if the letter was real or not.
• A Member stressed to Mr Jamshidi that it was his responsibility as the driver and suggested if his licence is continued that he should take a driving assessment.
• When asked, Mr Jamshidi confirmed that he was called to collect the passenger at 8.30pm in Preston, the customer took 45 minutes to come out.
• Members stated again that they could not understand what the hurry was to get back at that time of night.

In summing up Mr Jamshidi apologised for his actions and said he would not repeat this.  He needed his licence as he has a family and bills to pay and would not make anymore mistakes.

Upon a vote it was (8 for, 2 against)

RESOLVED that Mr Jamshidi’s Hackney Carriage driver’s licence be continue but that he be required to successfully undertake, at his own expense, a road safety unit driver assessment within three months of today’s date and produce a driver assessment pass certificate to the licensing section.

Grenchurch Market Ltd Farmers Markets

Amelia Byres, Senior Licensing Officer introduced the report as circulated with the agenda.  An application had been received from Gill Morris on behalf of Cheltenham Borough Council to relocate the Farmers’ Markets and a separate application to relocate the Arts and Crafts Markets to the pedestrianised area of the Promenade outside Cavendish House.

Both Markets are run and operated by Grenchurch Markets Ltd, Mr Cotton was in attendance at the Committee to speak in support of the application.

The Farmers Market would move back to its existing position of the long gardens during the end of November and December to ensure that the area of the Promenade outside Cavendish House is kept clear for the Christmas market.

Members asked the following Officer questions:

• When asked, Amelia Byres confirmed that generators have been in use and will continue to do so until the electricity supply is up and running sometime next year.  The market has worked closely with Environmental Health during the time the farmers market has been relocated, due to redesigning works, to the Promenade.  No complaints had been received during this time and Environmental Health and Mr Cotton are very happy with how things have been going.
• When asked, Amelia Byres confirmed the Farmers Market will relocate back to the long gardens when the Christmas Market is here.  The other local markets such as the Continental Market will be sited as normal in the long gardens.
• When asked, Amelia Byres confirmed the application is applied for by Cheltenham Borough Council but Mr Cotton of Grenchurch Markets Ltd provides the market.  A separate application has been made for the Arts and Crafts Markets.
• A Member referred to the Waste and Recycling Managers concerns shown in page 38 of the report.  The Member asked if these issues have now been addressed and the Licensing Officer was satisfied with the situation.
• Amelia Byres confirmed that all the comments had been addressed and contact would be made every 6 months with the Waste and Recycling Manager to ensure everything is running smoothly.  Amelia Byres confirmed that the Fire Service had been contacted about the application and they were happy.

Mr Cotton spoke in support of the application. He said since the Farmers Market has moved members of the public have commented on what a better location the market is in and customers are very happy.  The Farmers Market must be brought to the pedestrianised area.

Members had two options to vote on as follows:

1.                  The application be approved because Members are satisfied that the location is suitable, or

2.                  The application be refused because it does not comply with the provision of the Street Scene policy as the proposed locations(s) are deemed unsuitable.

Upon a vote it was unanimously

RESOLVED that the application be approved because Members are satisfied that the location is suitable.

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4 October 2013

4 October 2013