Agenda and minutes

Apologies were received from Councillor Wendy Flynn.

The Chairman reminded members that it they were unable to attend a meeting that they should ask a substitute to represent them.

Councillor Barnes declared an interest on agenda item 5, the renewal of the licence for the sex establishment venue, as being ward councillor for this area he would be speaking as an objector.

There were no public questions.

9 January 2015

The minutes of the Licensing Committee held on 9 January 2015 were approved and signed as a true record.

With the agreement of the Committee, the Chair took agenda item 6 before agenda item 5 as this was likely to be a longer agenda item.

Report of the Licensing & Business Support Team Leader

Having declared an interest earlier in the meeting, Councillor Garth Barnes stepped down from the committee at this point as he was speaking as an objector.

At the beginning of the meeting, an additional document produced by the applicant was distributed to members and the Chair gave the committee several minutes to look at it.

After briefly reading it, members expressed concerns about the document and the ward members due to speak on this topic requested to see a copy, but this was disallowed by the chair. 

In consultation with the Legal Officer it was agreed not to permit this document as part of any evidence as it was submitted too late and the document was subsequently collected back in.

The Chair explained the format for the meeting and how much time would be allocated to the speakers.

The Licensing and Business Support Team Leader, Louis Krog, introduced the report concerning an application for the renewal of a Sex Establishment Venue (SEV) licence in respect of the premises located on 12-14 Bath Road.  The renewal application was received on 15 December 2014 from Bath Road Property Limited.  The Officer informed members that no changes to the terms or hours of the current issued licence had been applied for, but Bath Road Property Limited had applied to change the trading name of the premises from ‘Diamond’ to ‘Fantasy’.

Appendix A showed a copy of the application form; Appendix B showed the premises layout, Appendix C the location map, Appendix D showed a copy of the current licence and Appendix E outlined the Core Commercial area.

The Officer reminded members of the mandatory and discretionary grounds for refusal, that members could not take into account objections on moral grounds and that the Council’s policy in relation to the regulation and control of SEVs had changed since this licence was initially approved.  He also advised that the new policy should not fetter member’s decision.

The Officer informed members that 25 representations in relation to this application had been received from local residents and these were enclosed in the background papers.  He also informed members that no objection or comments had been received from the Chief Officer of Police for Gloucestershire Constabulary.

The Officer advised that members having considered all the relevant matters needed to decide whether to grant the application as applied for, grant the application subject to any additional terms or refuse the application.

The Chairman advised committee members that they were not there to discuss whether Cheltenham should have a SEV or not, but to decide within the context of the policy or have discretion to vary from the policy that was agreed in October 2014.  Principally members had to decide whether to exercise that discretion taking into account the location, and fitness of the applicant to operate such a premises.  Members also needed to decide what weight to give to the boundaries of the central shopping area as the SEV was outside of this by only a matter of  ...  view the full minutes text for item 5.

Report of the Licensing Officer

The Licensing and Business Support Team Leader, Louis Krog, introduced the report concerning the application from Mr Stephen Ashley of 3 Montpellier Street, Cheltenham, trading as the Rotunda Tavern.  He informed members that Mr Ashley had existing permission to place four picnic style tables with attached benches on the highway during the operating hours of the premises and that he was now applying to extend that permission to 24 hours a day, so that the street furniture would be in place 24 hours a day, every day.

Appendix A showed a photograph of the furniture and Appendix B showed plans of how the tables and chairs would be positioned when the premises were open and when the premises were closed.

The Officer pointed out that for practical reasons the tables and benches were already left out overnight, which was technically a breach of licensing consent.

The Officer advised that members needed to decide whether they felt the application was compatible with the current Street Scene Policy.

In reply to questions from members, the Officer clarified that:

·         No complaints had been received or incidents happened regarding the tables and chairs being left outside during the 2 and a half years that they had been there.

·         Other businesses with more portable tables and chairs did have to take them in.  This business was unique in that the benches were heavier.  

This latter point raised concerns by a member that other premises may decide to use heavier picnic style tables that could be left outside and thus this would set a precedent. Another member questioned the committee’s consistency in their street scene policy.

Many members expressed concerns about insurance cover and public liability, especially during the closure of the premises and wanted assurance that the applicant was fully covered and that there would not be any liability on behalf of the Council.

The Applicant, Mr Ashley, attended the meeting and spoke in favour of his application.  He confirmed that the tables and chairs were not collapsible and therefore could not be brought in, but that in the 2 and a half years that they had been in situ there and left out overnight there had not been any incidents.  He felt that the bench style tables were in keeping with a good old English pub and give it an identity rather than aluminium tables and chairs.  Mr Ashley confirmed that the benches were chained together and made safe during the premises closing time.  He also informed members that he was fully insured and had public liability insurance up to £5m.

Again a member queried whether there had been any after of hours anti-social behaviour, to which the applicant reiterated that there had not.

The chairman proposed an amendment to 1.4.1 that the application be approved subject to adequate insurance cover and that if there were any issues that the matter be brought back to committee.

Upon a vote it was 6 for, 2 against, 1 abstention

RESOLVED, that Mr Ashley’s application in respect  ...  view the full minutes text for item 6.

None

6 March 2015

6 March 2015