Agenda and draft minutes

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Councillor Willingham and Councillor Pemberton had carried out a site visit prior to the meeting. The Chair noted that he is also a Councillor for Gloucestershire County Council. He explained that neither of these declarations were prejudicial.

The Senior Licensing Officer introduced the report as published.

In response to a Member question the Licensing Senior Licensing Officer confirmed business rates are not a material consideration for licensing conditions and are not referenced within the licensing policy.

The objector addressed the sub-committee and made the following points:

-          They recognised that this is a commercial issue as the owner wishes to secure a suitable let for the property and that the loss of business rates is not a material consideration for a licensing committee.

-          They are concerned that the stall blocks part of a pedestrianised route and believe that it would be more appropriately located in a fully pedestrianised street as this would reduce potential for traffic accidents.

Members then had the opportunity to ask questions of the objector, the responses are as follows:

-          The owner purchased the property in October 2024.

-          The owner inspected the property prior to purchase and had carried out a due diligence review of the street trading policy but due to an out-of-date listing on the website believed that the stall only operated on a seasonal basis.

-          Two prospective tenants have cited the obstruction to sightlines and lack of signage visibility due to the stall as reasons they did not wish to rent the location. There may also be other reasons for their decision but these have not been provided to the letting agent.

The applicant addressed the sub-committee and made the following points:

-          Informed of the complaint in late November and attended a meeting with the licensing team. Due to the Christmas period they have not had a full opportunity to prepare for the meeting.

-          The business has traded in Cheltenham since 2005, initially seasonally. Following changes in the street trading policy they traded in the school holidays and Christmas period since 2014 and began trading under a year-round licence in 2019.

-          They applied to change from their original location at the entrance to Beechwood Arcade following complaints from a café owner and worked with the town centre manager and other council departments to ensure their new location and design enhanced the location and business. There was agreement that the new location did not block sightlines and that there was still a generous pedestrian walkway.

-          Concern was raised at the time that the stall would create a blind spot that may lead to traffic accidents, to mitigate this risk a barrier fence was erected at the back of the stall extending 7’ in each direction to prevent pedestrians crossing where the view is obscured. In the 10 years they have been at the location there have been no incidents.

-          The applicant is a voluntary Cheltenham BID and Visit Cheltenham member and work to support local businesses where possible. They have received significant local support for the business.

-          If the Committee felt it was necessary they will consider moving location but feel this may lead to additional objections and could lead to loss  ...  view the full minutes text for item 3.

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