Agenda and minutes

Councillor Lillywhite

Councillor Willingham declared and interest in agenda item 4 in that he had sent a street letter to residents of Arle Avenue and two properties on Arle Road that faced on to it. It was neutral in tone and he had been advised by One Legal that this would not fetter his discretion on the matter.

Councillor Thornton declared an interest in agenda item 4 as ward councillor.

Minutes of the meeting held on 4 October 2017

The minutes of the meeting held on 4 October were approved and signed as a correct record.

The Licensing Team Leader confirmed that in response to a query raised in the last minutes Mr Velev had now been in contact with the council with regard to a more suitable location for his street trading operation.

Mr Okkes Silgi

The Licensing Team Leader introduced the report and explained that an application had been made by Mr Okkes Silgi for a street trading consent to sell hot food and cold drinks on Colletts Drive, Cheltenham. In attendance was Mr Silgi’s representative, Ayse Yuksel and Mr Silgi. Appendix A showed the location of the proposed trading pitch. Mr Silgi had applied for consent to trade every day between 17.30 and 23.00 hours. An image of the trading unit was attached at Appendix B. The proposed trading location was outside the town centre zone of street trading control, therefore there were no policy restrictions on the location and the application is to be detrmined on its individual merits. The application had attracted several objections which were reproduced in paragraph 4.1 of the report.

Members were advised by the Officer that having regard to the facts, Members should decide whether to approve the application because Members were satisfied that the location, size of unit and type of goods were suitable, approve the application for a trial period as explained in paragraph 5.6 of the report; or refuse the application because Members consider the location, size of unit or goods being sold to be unsuitable. Members were asked to note the assessment criteria as laid down in paragraph 2.2 and the consultee comments at 4.1. In addition other considerations as laid down in paragraph 5.3 should be taken account of. He explained that given the nature of the comments and the fact that it was a new application the sub-committee did have the option, if Members considered it appropriate, of granting street trading consent on a trial basis.

The following responses were given to questions to the Licensing Officer :

• The applicant would have to fulfil food hygiene requirements
• Environmental health had made no comment on the application
• Highways had made no comment on the application
• The Committee had the discretion to add conditions to the licence
• The trading unit would be accessible by 3 roads with the only legal vehicular access being from Collets Drive

The applicant was given the opportunity to speak. Through his representative, Mr Silgi explained that all hygiene requirements would be complied with and there would be a sink and hot tap within the trading unit. Should he be granted a licence to trade Mr Silgi would apply for a waste bin which would be emptied regularly by the council. He recognised that there were issues with anti-social behaviour in the area but believed his unit could actually act as a deterrent to some of the activities. He would have a CCTV camera in the trading unit.

Members were then given the opportunity to ask questions of the applicant and the following responses were given:

• Mr Silgi was conversant in English, he just required assistance from his representative with technical terms
• Mr Silgi worked for himself
• He had previously traded in Malvern, Worcestershire but he lived in Cheltenham so wished to trade here
• Mr Silgi confirmed he was  ...  view the full minutes text for item 4.

Report of the Licensing Officer

The Licensing Team Leader introduced the report and explained that licensing policies were normally reviewed at three yearly intervals but Members have expressed a need to review the street trading policy earlier. To facilitate this review and better engage with key stakeholders, officers were looking to establish a working group. He referred Members to the draft terms of reference for the group which covered the scope, potential attendees and proposed approach. It was envisaged that the group would meet first between November and December at a suitable time and date.

When asked why the proposed draft policy would not go to full Council the Licensing Officer explained that the constitutional requirement was for the draft policy to be considered by Cabinet.

A Member felt that all Members of the Council who represented wards covered by the Street Trading Policy should be invited to participate on the working group.

RESOLVED THAT (unanimously)

1. the establishment of a working group as outlined in this report be approved; and

2. nominations be received from members of the miscellaneous licensing sub-committee who would wish to participate in the working group – this can be up to all 5 members; and

3. the working group’s terms of reference and the scope of the review, as attached at appendix A be approved.