Cheltenham Borough Council
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Agenda and draft minutes

Venue: Virtual WEBEX video conference via YouTube - https://www.youtube.com/user/cheltenhamborough. View directions

Contact: Claire Morris, Democratic Services  01242 264130

Items
No. Item

1.

Apologies

Minutes:

Apologies were received from Cllrs. Seacome and Collins. Cllrs. Harman, Stafford and Whyborn were present as reserve members.

 

Cllr. Stafford left the meeting at 5pm, after all the regulatory decisions had been made.

2.

Declarations of Interest

Minutes:

There were no declarations of interest.

3.

Minutes of the Previous Meeting pdf icon PDF 247 KB

Minutes:

The Chair stated the intention to defer signing these minutes until the next meeting of the full licensing committee in September.

4.

Renewal of Hackney Carriage Licence - Robert Hawkes pdf icon PDF 358 KB

Renewal of a Hackney Carriage Licence – Robert Hawkes

Minutes:

The Chair explained the process to the applicant.

 

The Licensing Team Leader then presented the report as published in the agenda, explained the options that were laid out in the report and drew member attention to the extract from the policy regarding notifying the Council of any points that are awarded.

 

The Chair then asked if Members had any questions for the Licensing team leader, they were as follows:

 

-       How long has the applicant had a licence and has there been any record of any other incidents logged against Mr Hawkes.

-       Were the points declared on the renewal from.

 

The responses were as follows:

-       The applicant has been a driver since June 2017 and has no other incidents logged. 

-       The points were declared on the renewal form.

 

Mr Hawkes was then asked if he had any questions for the licensing team leader, he didn’t but wanted to say that he forgot to notify the Council about the points when they were awarded.

 

Mr Hawkes then spoke and put his case.  He explained that he completely forgot that he had to declare points.

 

Members asked the following questions:

-       By how much were you exceeding the speed limit?

-       Do you receive communications and reminders from the licensing department regarding notifying the authority if you receive points on  your licence.

-       It is concerning that you weren’t aware of the speed limit and the frequency that these events happened.  What steps are you going to take to avoid future breaches?  Would you consider a speed awareness course?

-       Have you had the opportunity to do a speed awareness course previously?

-       Is there cruise control or a speed limiter in your vehicle?

 

Mr Hawkes’ responses were as follows:

-       The speed limit was exceeded by just over a few miles over the hour on each occasion.

-       As far as he remembers no reminders are received, he stated that he tries to be honest.

-       Would be more than happy to go on a speed awareness course will do anything that means he wouldn’t have to go to committee again.  He has realised how important his licence is to him. 

-       He confirmed that he did take a police speed awareness course approximately 10 years ago.

-       He confirmed that he does have cruise control on his vehicle.

 

 

The matter then went to Member debate:

-       The committee is not there to punish it is there to decide that the applicant is a fit an proper person.  One more speeding fine and the matter will be taken out of the committees hands and he will lose his licence anyway.

-       The applicant seems contrite for his 3 regrettable mistakes no reason not to renew.

-       As the applicant was using a dual use vehicle with no passengers happy to confirm fit and proper with a possible written warning.

-       A point for licensing could we maybe communicate with drivers maybe once a year to remind them that  ...  view the full minutes text for item 4.

5.

Application for permission to place table and chairs on the highway pdf icon PDF 446 KB

Aquavitae

Additional documents:

Minutes:

The Chair confirmed that both the applicant (Mr Stephens) and the objector (Mr Harding) were present.  He then explained the procedure to both parties.

 

The Licensing Team Leader introduced the report.

 

The Chair then asked the Members if they had any questions for the Licensing Team Leader, as follows:

 

-       Clarification of whether the new tables and chairs will block the entrance for the Regent Arcade.

-       The sketch shows that the tables and chairs are in the top left hand corner but the other plan shows them on the entire length of the entrance.

-       Point to start, they don’t cross Ormond Place therefore does the arcade  have the right to refuse.

-       Are the table and chairs in the top left blocking anything? Is the main entrance required - access to and from the cinema.

 

The responses from the Licensing Team Leader and Legal Officer - were as follows:

 

-       The entrance to the cinema and the fire exit will be opposite, objector will need to inform the committee how the tables and chairs will partly obstruct the door to the left but the other doors will not be obstructed.

-       The application can not affect the tables and chairs that are already there, the ones on the plan towards Regent Street and by the arcade are additional.

-       As the tables and chairs don’t cross the centre of the highway the Regent Arcade are able to object to the application but are not able to refuse consent as it doesn’t cross the highway that’s why the matter is at committee.

-       The corner where the tables and chairs are proposed has nothing in it, the benches and the cycle racks have both gone, there is no obstruction.

 

The Chair then gave the applicant the opportunity to question the Licensing Team Leader – the applicant confirmed that he had no questions.

 

The objector asked the following question:

-       When does the current licence expire.

The Licensing Team Leader confirmed that it expires on 27/11/20.

 

 

The applicant then was asked to present his application and made the following points:

-       During these difficult times they have had to remodel their business to be more food orientated to survive.

-       They have taken the window shop over on the corner (formally Chanticleer) to become another bar and restaurant.

-       There used to be a firebox in the corner where the proposed tables and chairs will be, this has now been removed since the redevelopment at the arcade.

-       Now that the benches have been removed there is the opportunity to make the area a bit more alfresco and cosmopolitan.  Which should add value rather than detract.

-       Access to the arcade is now bigger and the Aquavitae banner will be in line with that.

-       Due to the current situation the outside tables and chairs must comply with social distancing. 

-       The corner tables and chairs will ensure clear footfall.

-       Wall to wall the gap is 10.5 metres, at  ...  view the full minutes text for item 5.

6.

BRIEFING NOTES pdf icon PDF 135 KB

Business and Planning Act 2020

 

Statutory Taxi and Private Hire Vehicle Standards

 

 

Additional documents:

Minutes:

The Licensing Team Leader introduced and explained both briefing notes.

7.

Any Other Items the Chairman Determines Urgent and Which Requires a Decision pdf icon PDF 140 KB

Letters from Chair of Licensing relating to SEV policy discussion at the extraordinary council meeting on 29th July 2020.

 

Additional documents:

Minutes:

The Chair confirmed that as discussed at Council following the robust debate regarding sexual entertainment venues he has written to MP’s and ministers, the letters are a published in the Agenda.

 

 

Meeting ended at 17.05.