Agenda and minutes

Apologies were received from Councillors Seacome, Boyes and Wheeler.  Councillors Harman, Sankey and Pineger were present as substitutes.

Councillor Willingham declared a personal and prejudicial interest in Agenda item 8; Councillor Harman will take the chair for this item.

Councillor Willingham also advised that he had visited the site of Agenda item 3, noting that most Members will be familiar with this due to its proximity to the Municipal Offices.

The Chair explained the process, and invited the Senior Licensing Officer to introduce his report.  He confirmed this new application for a street trading consent on the corner of Pittville Street, with proposed times set out in the report, together with an image of the horsebox. There have been three objections, one on behalf of Cheltenham BID, and Environmental Health officers have raised concern about the potential trip hazard created by the tow bar.  Member must decide whether the proposed location is suitable or does not comply with the council’s street trading policy.

In response to Members’ questions, he confirmed that:

-       although Environmental Health officers have raised concern about the tow bar creating a trip hazard for the partially sighted, they have not objected to the proposal;

-       he is unaware of the environmental credentials of the horsebox, but the applicant should be able to provide information on this.

Speaker, in objection

On behalf of Cheltenham BID, the speaker made the following points:

-       there are 27 businesses selling take-away coffee as a core product in the town centre, and 39 selling coffee in addition to their core offering;

-       CBC’s street-trading policy requires street traders to sustain and complement existing shop traders, but this proposal will take away from them and, without business rates and energy costs, will have an unfair advantage in a competitive market;

-       street traders should add to the mix – the former occupier of this site was The Flower Man, which didn’t conflict with any local businesses;

-       BID businesses are particularly concerned, currently struggling with a difficult trading environment as a result of increased energy bills, the cost of living crisis, and high staffing costs.

Applicants, in support

The applicants began by saying they do not have a commercial background, but having seen reports about the increased footfall in Cheltenham and positive national figures regarding the sale of take-away coffee, they decided to invest in the horsebox.  They said that:

-       it is sustainable, self-sufficient, solar-powered, noiseless, and will look agreeable in the spot they have chosen, which is already licensed by the council for street trading;

-       10p from every hot drink sold will be donated to charity;

-       all coffee, cakes and pastries will be locally sourced; 

-       where possible, recyclable materials will be used, to ensure they are as economical and environmentally friendly as possible;

-       they not expect to be trading for all the times set out in the report; this will vary to suit the business year and different events in the town, probably averaging five hours a day;

-       they have registered with CBC food hygiene inspectors, and are due to be rated imminently, pending tonight’s outcome;

-       although there are 27 businesses selling coffee in Cheltenham, a far fewer number have take-away hot drinks as their core product;

-       they empathise with BID businesses, but fair competition is important. They want to support and be part of the local business community, will happily pay a  ...  view the full minutes text for item 3.

The Licensing Team Leader drew Members’ attention to Tewkesbury Borough Council’s consultation on taxi policy provision, which aims to raise the bar on acceptable vehicles – as of 01 January 2024, new applications will be refused if the vehicle is more than five years from its date of registration, and must be Euro 6 compliant, ULE, or electric. Renewals will be bound by the same constraints from 31 December 2025, and from 01 January 2026, applications will be refused if vehicles are not Euro 6 compliant. The provisional ambition is for all the fleet to be ULE from 2030, with renewals bound by the same criteria from 2033.

He said Members do not need to endorse these proposed changes, but they are worth considering when CBC changes its taxi policy, to ensure both councils are working in harmony.  The Chair welcomed TBC’s proposals as a positive move.

That in accordance with Section 100A(4) Local Government Act 1972 the public be excluded from the meeting for the remaining agenda items 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 and 2, Part (1) Schedule (12A) Local Government Act 1972, namely:

Paragraph 1; Information relating to any individual

Paragraph 2; Information which is likely to reveal the identity of an individual

The Chair read the following:

That in accordance with Section 100A(4) Local Government Act 1972 the public be excluded from the meeting for the remaining agenda items 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 and 2, Part (1) Schedule (12A) Local Government Act 1972, namely:

Paragraph 1: Information relating to any individual

Paragraph 2: Information which is likely to reveal the identity of an individual

Members agreed unanimously to enter exempt session.

After considering the case, Members decided that continuity rights should not be granted in this case.

Members considered the case in detail, and agreed to delegate authority to officers to refuse the application.

Councillor Harman chaired the item after Councillor Willingham left the chamber.

The Licensing Team Leader introduced the report as published.

After Member questions and debate the matter went to the vote on 1.5.1 and the result was unanimous.

Councillor Willingham returned to the Chamber to Chair the item.

The Licensing Team Leader introduced the report.

After Member questions and debate the matter went to the vote and the decision was made as follows:

The decision was made unanimously to suspend the licence for not less than 3 months on condition the driver completes the driving course within at least 6 months at his own expense. He can’t resume driving, in the interests of public safety, until the course is completed and the certificate is provided to the licensing department