Agenda and minutes

Councillors Regan, Stennett 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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7 March 2014

Resolved that the minutes of the meeting held on 7 March 2014 be agreed and signed as a true record.

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Mr Raviv Hadad

Louis Krog, Licensing and Business Support Team Leader introduced the report as circulated with the agenda.  A renewal application had been received from Mr Raviv Hadad for a street trading consent to sell hot and cold food and drink from a mobile trike on the High Street outside Thomas Cook.

If granted the proposed hours of trade would remain the same as the existing consent, every day between 11:00 and 23:00.

Appendix A of the report provided an image of the trike.

Appendix B of the report showed a location map of where trading would take place.

The Officer referred Members to point 5 of the report which detailed consultee comments.  Comments had been received from the following consultees;

• Nigel Overal (Gloucestershire Highways).
• Richard Nichol (Canada Life – Owners of Regent Arcade)

The report provided details of the objections.

Mr Howard Barber (Public Realm Designer, Cheltenham Borough Council) comments stated that he did not object to the application but noted that a new way finding monolith was due to be installed to the edge of the licensed trading area.

The Officer referred Members to appendix D of the report which provided further details of the proposed monolith.

Members asked a couple of  questions to the Officer and in responding the Officer:

• Said that once the Highways works had been completed traders may not be allowed to trade in this area ensuring no further damage is done to the paving slabs.  This point was unclear at the moment and a consultation on the proposed future use of the area is expected in May from Gloucestershire Highways.
• Confirmed that Licensing Officers would work with Mr Hadad, where appropriate, to locate to an alternative venue during and after the Highways work.  Mr Hadad wanted to trade between June and October whilst the works were taking place and returning to the current trading position once the works had been completed was unknown at this point.
• Stated that the concern about the installation of a new monolith and the location of Mr Hadad’s trike had been resolved.  The trike would be placed 6 feet further up the High Street away from the monolith.

Mr Hadad attended the meeting and spoke in support of his application.  Prior to the meeting he had submitted a supporting letter and photographs which were distributed to Members in advance.  These documents are attached as supplementary documents to the minutes.

Mr Hadad said his points were made in the letter and felt his licence should be granted for 12 months and to see what happened.

Members asked the following questions to Mr Hadad and in responding;

• Said he had discussed a temporary location with the Town Centre Manager and Licensing Officer to trade outside of TSB bank.  TSB bank would be happy for trade to take place there.
• A Member felt the licence should be granted subject to a change of trade venue whilst the works were taking place.

The Officer advised Members that he was unsure what Gloucestershire  ...  view the full minutes text for item 6.

Mrs Marie Fullwood

The Chairman confirmed the applicant had withdrawn this application.

Mr Mark Morris

Louis Krog, Licensing and Business Support Team Leader introduced the report as circulated with the agenda.  A renewal application had been received from Mr Mark Morris for the renewal of a street trading consent in respect of his flower stall located on the Promenade at the junction of Ormond Place.

If granted the proposed hours of trade would be on Monday to Saturday’s 08:30 to 18:00 and 11:00 to 17:00 on Sundays.

Appendix A of the report provided an image of the stall.

Appendix B showed a location map of where trading would take place.

Page 48 of the report provided a photograph showing the Regent Arcades proposed development.

A number of objections had been received in connection with the application and for that reason it had been referred to the Licensing Committee for determination.

The Officer referred Members to point 5 of the report which detailed consultee comments.  Objections had been received from the following consultees;

• Mr Alexander Rose (Managing Director – Beards Jewellers)
• Mr Jeremy Williamson (Managing Director – Cheltenham Development Task Force
• Mr Richard Nichol (Canada Life – Owners of Regent Arcade)
• Mr Martin Quantock (Business Partnership Manager)
• Mr Richard Ralph (DTZ Associate Director)
• Mr John Forward (Regent Arcade Manager)
• Mr Wilf Tomaney (Urban Design Manager, Cheltenham Borough Council)

The report provided details of the objections.

The Officer advised the Committee that prior to the meeting a letter had been received and signed by all of the objectors to the application and the applicant asking for further time so that alternative solutions acceptable to all could be sought. 

The letter sought a temporary extension to the street trading licence up to 31 July 2014 in its current location.  During this period all parties would seek to trial a compromise solution, which could entail:

• Re-orienting the stall
• Changing the stall layout
• Changing the stall’s location within Ormond Place or potentially on to the Promenade.

The letter also asked the Committee to allow any trials to be undertaken through delegated Officer authority without returning to the Licensing Committee. 

At the end of this period or before, either

• A revised application would be submitted with the support of all parties
• The original application would be resurrected as the trialled solutions had proved unsuccessful.

The Officer advised the Committee that Mr Morris had provided a revised photograph of his stall which showed a clear line of sight from the Promenade to Ormond Place.  A copy of the photograph is provided as a supplementary document to the minutes.

Members asked the following questions of the officer and in responding:

• Confirmed that if the works were delayed Mr Morris could continue to trade as normal.  As a result of the proposed mediation meeting a new application may be submitted.
• Stated that there was not a condition on the licence to change the way the stall is anchored to the pavement.

Mr Morris attended the Committee and spoke in support of his application.

He reminded the Committee that Gloucestershire Highways had  ...  view the full minutes text for item 8.

Louis Krog, Licensing and Business Support Team leader advised Members about proposed amendments to the Local Government (Miscellaneous Provisions) Act 1976 set out in the Deregulation Bill 2013/14.

A draft letter had been circulated to all Councils raising concern with pushing clauses through before the Law Commission review the new legislation in May 2014.

The three clauses causing concern were as follows:

• Section 8 – Private Hire Vehicles: Circumstances in which driver’s licence required to drive a licensed private hire vehicle; this clause would allow anyone with an ordinary driving licence to drive a private hire vehicle when it is off duty.
• Section 9 – Taxi and private hire vehicles:  Duration of licences; this clause aimed to standardise the 3 year driver licences and remove the option of an annual licence.  Operator licences would be standardised to 5 yearly licences.
• Section 10 – Private Hire Vehicles:  Sub-contracting between operators.  This clause proposed changes to allow private hire operators to sub contract bookings to other operators licensed in a different district (Authority).

The Officer said that these changes would be very difficult to enforce. 

The draft letter had been sent out to the trade and if the Committee were minded to do so the Officer would send it to Martin Horwood MP stating that the deregulation changes should be dropped and dealt with as a whole in May 2014.

Members felt that these decisions should be left for locally elected Members to decide and should not be rushed through prior to the Elections.

Members asked the following Officer questions and in replying;

• Explained that presently only the licensed private hire driver can drive the Private Hire Vehicle.  Currently spouses and partners of licensed private hire drivers use the vehicle for moon lighting or for social and domestic use.
• Stated that these decisions should be decided by the locally elected Members.
• Confirmed the Law Commission Review report was expected on 23 May 2014.
• Advised that the letter would be sent to Martin Horwood MP from Members on behalf of the Licensing Committee.

Some Members were unhappy with Section 8 being included in the letter.

The Officer said this section could be removed from the letter.

The Chairman confirmed a vote would need to take place to determine if section 8 should be removed from the letter.

Upon a vote it was (3 for 5 against)

That section 8 of the letter is removed.

Upon a vote it was (5 for 3 against)

RESOLVED that the letter, including Section 8 is sent to Martin Horwood MP on behalf of the Licensing Committee.

The Chairman reminded Members that this would be Councillor Stewart’s last Licensing Committee and thanked him for all he had done on both this and the Licensing Sub Committees.  He thanked all Members for everyone’s hard work.

Friday 13 June 2014

13 June 2014