Cheltenham Borough Council
Cheltenham Borough Council

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Agenda and minutes

Venue: Pittville Room - Municipal Offices. View directions

Contact: Sophie McGough, Democracy Officer 

Items
No. Item

1.

Apologies

Minutes:

There were no apologies.

2.

Declarations of Interest

Minutes:

There were no declarations of interest.

3.

Minutes of the last meeting pdf icon PDF 103 KB

To approve the minutes of the meeting held on 7th February 2018.

Minutes:

The minutes of the last meeting held on 7th February were signed as a correct record.

4.

Application for Street Trading Consent pdf icon PDF 84 KB

Mr Piotr Pawet Kazieczko

 

Additional documents:

Minutes:

The Chair welcomed the group and explained that they were there to determine an application for a street trading consent. He proceeded to outline the procedure for the meeting and questioned whether Members had conducted a site visit to the location in question, 3 Members confirmed that they had visited the site and 2 stated that they knew the area well.

 

The Licensing Officer began by introducing the report, he explained that Mr Piotr Pawet Kazieczko had made an application for a street trading consent at a location on Redmarley Road, Cheltenham, the location was highlighted at Appendix A of the report. The Licensing Officer also distributed a google image of the location in question for Members. He stated that Mr Kazieczko had applied to sell hot and cold food and drinks from an Iveco vehicle, the timings he was proposing to trade were 7:30-15:30 Monday to Friday, 07:30 – 14:00 Saturday and he did not propose to trade on Sundays. Mr Kazieczko had produced a statement in support of his application which was included at section 4.1 of the Officer’s report. The Licensing Officer explained that objections had been received from Cheltenham Borough Council’s Townscape and Planning team, as well as a nearby resident. He confirmed that the application complies with Council policy as it is located outside of the town centre zone where restrictions apply, and as such, each application outside of the zone must be determined on its own merits.

 

He reminded the sub-committee that they could:

 

·           Approve  the application because it is compliant with the council’s policy and Members are satisfied that the location, size of unit and type of goods are suitable; or

 

·           Refuse the application because Members feel that the location, size of unit and/ or type of goods are not suitable.

 

The Licensing Officer also confirmed that should they be minded to, the sub-committee could grant the application for shorter than a year although they were not permitted to grant for longer.

 

The Members proceeded to ask the Licensing Officer a series of questions. He confirmed that:

 

·           The image of the van included within the report was the van that Mr Kazieczko was proposing to use to trade. Mr Kazieczko confirmed that it was.

·           He believed that Mr Kazieczko was planning to park on the road with the serving hatch facing out on to the pavement.

 

One Member then raised a query regarding parking restrictions in the area, as they had recently visited the location and believed it had double yellow lines where Mr Kazieczko was proposing to trade. Following a short discussion regarding the parking restrictions, the Legal Officer confirmed that Gloucestershire ‘Highways’ County Council could grant him an exemption, although this would be unusual.  If this did happen the legal officer reminded the   sub-committee that this could set a precedent for future applications, if a trader was able to obtain an exemption from Gloucestershire Highways to allow a vehicle to be sited on double yellow lines.

 

Some Members felt that should  ...  view the full minutes text for item 4.

5.

LOCAL GOVERNMENT ACT 1972- EXEMPT INFORMATION

The committee is recommended to approve the following resolution:-

 

That in accordance with Section 100A(4) Local Government Act 1972 the public be excluded from the meeting for the remaining items of business as it is likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public are present there will be disclosed to them exempt information as defined in paragraph 1, 2 and 7, part 1 Schedule 12A (as amended) Local Government Act 1972, namely:

 

Information relating to any individual,

 

Information which is likely to reveal the identity of an individual,

 

Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime

 

Minutes:

Upon a vote it was unanimously

 

RESOLVED that in accordance with Section 100A(4) Local Government Act 1972 the public be excluded from the meeting for the remaining items of business as it is likely that, in view of the nature of the business to be transacted or the nature of the proceedings, if members of the public are present there will be disclosed to them exempt information as defined in paragraph 1, 2 and 7, part 1 Schedule 12A (as amended) Local Government Act 1972, namely:

 

Information relating to any individual,

 

Information which is likely to reveal the identity of an individual,

 

Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

 

 

6.

Exempt Minutes of the last meeting

To approve the exempt minutes of the meeting held on 7th February 2018.

Minutes:

The exempt minutes of the last meeting held on 7th February were signed as a correct record.