Agenda and minutes

Apologies had been received from Councillor Barnes and Councillor Chard.  Councillor McCloskey was in attendance as substitute for Councillor Barnes and Councillor Harman as substitute for Councillor Chard.

Councillor Walklett declared an interest in agenda item 5, the application for tables and chairs outside Turtle Bay, having been invited to the opening launch.

With regard to agenda item 6, the application for a street trading consent by Mr Bambas Shaouna, Councillors Regan and Lillywhite declared an interest being ward councillors for the areas being discussed, and Councillor Whyborn declared a personal and prejudicial interest as he knew the applicant and had had financial dealings with him.

There were no public questions.

The minutes of the Licensing Committee held on 6 February 2015 were approved and signed as a true record.

Report of the Licensing Officer

The Licensing Officer, Phil Cooper, introduced the report concerning an application received from Mr Brynn Macek of Fusion Design and Architecture in respect of Turtle Bay (a new bar and restaurant), 20-26 Pittville Street, seeking permission to place 10 tables and 30 chairs on the highway outside the premises from 11.30 am to midnight Sunday to Thursday and 11.30 am to 1 am on Friday and Saturday.  He informed members that the applicants had sent their apologies and that they knew the application would be determined in their absence.

Appendix A to the report showed photographs of the furniture, Appendix B showed a plan of how the tables and chairs would be positioned and Appendix C showed the location of the premises.

The Officer informed members that no objections had been received from nearby businesses or members of the public.  However, objections had been received from the council’s planning enforcement officer, health and safety officer and environmental health (noise control) officer.  Their objections related to the amount of space available at the location and the potential for noise disturbance if the tables and chairs were being used after 11pm.

The Officer advised that members having considered all the relevant matters needed to decide whether to approve the application, to refuse the application or to modify the quantity of furniture and / or the times applied for.

In answer to a question from a member, the Officer re-confirmed that the time the chairs stayed out till could be altered.  In view of this Councillor Thornton proposed that the tables and chairs stayed out until 11pm Sunday to Thursday and 11.30pm on Friday and Saturday.  Councillor Walklett seconded this.  Another councillor proposed midnight on Friday and Saturday.

A Councillor asked the Officer whether there were plans for more trees to be planted in the tree pit outside the premises. The Officer said he was not aware of any such plans, but as Highways had been consulted on the application and did not comment, he assumed there were no such plans.

Members expressed concern about the distances between the tables and chairs and the various obstacles on the paved area and the lack of information on the canvas barriers or planters that would be used.  Many felt the distance measured should be from the barrier to the obstacles and not from the tables and also felt it was unclear whether the barriers would fence off all the tables and chairs.  The chairman advised that the applicant was not proposing barriers along the whole length, as this would make the entire width too narrow.  The Officer confirmed that details about the canvas barriers had not been specified as yet, but would have to conform to the standard policy.  One member proposed refusing the application on lack of information on the barriers and tables and chairs. 

Concern was expressed by many members on the layout of the tables and chairs and the impact it would have on other street users and several combinations on the  ...  view the full minutes text for item 5.

Report of the Licensing Officer

The Vice Chairman took the Chair for this item as the Chairman had expressed a prejudicial interest in this agenda item.

The Licensing Officer, Phil Cooper, introduced the report concerning an application from Mr Bambas Shaouna who had applied for street trading consent for three ice cream units.  The first application was for a static unit to be located on the pedestrianized area of the Promenade and no objections had been received in respect of that application.  The other two applications related to mobile ice cream vans.  The Officer reported that no objections to the applications had been received in principle, however objections had been received to the applicant’s request to be exempted from two standard conditions which the Council applied to all mobile ice cream units.

Images of the three trading units were attached at Appendix A and a location plan of the static unit was attached at Appendix B.  The applicants statement of reasons for dispensation to two of the council’s standard conditions was attached at Appendix C and Appendix D showed the proposed location of where the applicant intended to trade in Pittville Park.

The Officer advised members that the first condition that the applicant had asked to be exempted from was the prohibition to trade in Evesham Road and roads adjacent to Pittville Park.  His statement at Appendix D explained this and this had attracted an objection from the council’s green space manager.

The second condition that the applicant had asked to disapply related to the prohibition to trade within 75 metres of the gates of all schools and in the case of Bournside school within 100 metres.  Again the applicant had submitted a statement of reasons and this had attracted objections from the council’s health and safety officer and planning enforcement officer.

Members were advised that in respect of all three applications, that they needed to recommend to either approve or refuse the applications and in the case of the two mobile units, members were recommended to consider the applicant’s request to disapply conditions.

The applicant Mr Shaouna and his business partner attended the meeting and were invited to speak.  The Chairman wished to take the application for the static unit first.

The business partner said there was a gap in the market for an ice cream unit in the town, with only one on the High Street and none in the Promenade.  He confirmed that the unit used would be identical to the one shown in the appendix and that it would be static and trade opposite Radleys on the pedestrianized part of the Promenade as shown on the location plan.   He said it was an eye catching tricycle and was more appealing to members of the public than standing in a café.  In reply to a question he confirmed the ice cream was Marshfield ice cream, soft scoop and that  they would be offering a choice of 5 or 6 flavours.  He also confirmed that he had the list of when events were  ...  view the full minutes text for item 6.

None

10 April 2015

10 April 2015