Agenda item

The Stable, 40 Clarence Street, Cheltenham

The Senior Licensing Officer, Andy Fox, introduced the report regarding an application from The Stable Bar and Restaurant Limited for permission to place 3 picnic style tables with benches on the pavement outside The Stable premises at 40 Clarence Street from 10:00 to 00:30 every day of the week.  Appendix 1 showed a picture of the proposed structure, with the location plan at Appendix B.

The Officer reported that objections had been received from Planning Enforcement on grounds of appearance of the tables and chairs and from Gloucestershire Constabulary on the lack of barriers around the designated licenced area.  He continued that in consultation with the applicant, it had been confirmed that the benches would be removed during non-trading hours, that the applicant was willing to place barriers around the proposed tables and chairs and that the applicant had agreed to the table and two seats on Clarence Street being excluded from the consent.

The Officers recommendation was to grant the application subject to the amendment from 3 to 2 tables with chairs and to the approval of the proposed design for the barriers.

In reply to questions from members, the Officer clarified that the pavement tables and chairs design guide (attached as Appendix C) was produced in 2002 and stated that wooden tables and chairs were not normally permitted in an urban setting and also confirmed that the area in blue on the location plan was private land and not highways.   The Officer stated he did not know the dimensions of the tables or whether the 8 tables behind the railings would remain out during non-trading hours.

Mr James Anderson, Solicitor for Poppleston Allen and Ms Poppy Armstrong, Operations Manager at The Stable were in attendance representing the applicant and Mr Anderson was invited to speak in support of the application.

In response to members’ previous questions to the Officer, Mr Anderson confirmed that the tables were 1 metre in length and 1.5m deep and designed to seat 4 people and that the tables and chairs on the private land behind the railings would remain there all the time.  He continued that they had applied for the maximum period allowed for the tables and chairs to be out, but in practice the premises would close at 11pm and they would be moved in at this time each evening.  Mr Anderson confirmed that they were happy to accept the recommendation not to have one of the tables on Clarence Street but asked the committee to give due consideration to the other 2 tables and chairs on Crescent Place.  With regard to wooden benches not being normal practice, Mr Anderson informed members that the benches chosen were of a high standard and hard wearing and that they wanted this particular style in order to be in keeping with the furniture inside the premises.  He felt that once they had weathered and stained, that they would be more in keeping with Cheltenham street scene and he circulated photos of tables that had been in situ for some time at other Stable premises which once aged, blended in better. 

Mr Anderson continued that they would be happy to accept the condition to have barriers at the designated area to safeguard members of the public, but favoured barriers at either end and not in front of the benches as he felt this would restrict access for customers and waiting staff.  He felt the benches themselves acted as a natural barrier.  Mr Anderson showed members photos of two options of wooden barriers which were just over 1m in height. 

Members voiced concerns about the appearance of the benches and not complying with the design guide and the tables being left out overnight.  The applicant’s Solicitor replied that he noted the preference for wooden benches to be in countryside surroundings, but hoped that the natural stained effect of the wood would be acceptable. He added that these tables and benches blended with the inside wood panelling of the establishment which was a feature of ‘Stable’ premises and felt this lead to aesthetic continuity inside and out. He reassured members that the tables, although solid, could be lifted by one person and thus moved in and out easily.  As there would be only 2 tables and 4 benches to move each day he felt this would not be a problem and was aware that if left out they would be in breach of the license.

Members were concerned about the distance drinks and food had to be carried to the proposed tables in the interest of safety to members of the public and waiting staff, taking into account restricted space on the pavement including a lamp post and a sign, a working cellar hatch, restricted space in the entrance lobby and steep steps to the entrance door and the possible risks with using glasses.  Mr Anderson replied that they were an experienced operator with well trained staff who would adhere to health and safety regulations.  He stressed they were only talking about 8 more covers so felt the extra risk with glasses and access was small.  All food would be waiter service, thus reducing the number of people moving in and out.  Mr Anderson was not in favour of using polycarbonate glasses as suggested by a member as it would be difficult to enforce serving in plastic glasses to the 8 customers on the additional two tables, whereas the 32 customers using the tables on the private land would be served in normal glasses.  Mr Anderson questioned if other premises in Cheltenham were allowed to carry glasses on highway pavements and he was informed not if the area was covered by the alcohol free zone order.

In reply to a question, Mr Anderson informed members that there was a walkway space between the tables and benches on the private land and the railings, that waiting staff would use, with no access to the pavement.

One member questioned how many residents lived in the vicinity, to which the ward councillor for that area informed there were no residents within 25-30 metres of the establishment.   Mr Anderson again repeated that it would only be an extra 8 people outside, most customers would be using the outside tables in the daytime or just for smoking later in the evening and that the premises would close at 11pm.

The Chair moved to vote on this application amended to permission for two picnic style tables and chairs.

Upon a vote it was 4 for, 5 against.

RESOLVED THAT, permission to place tables and chairs on the highway at The Stable, 40 Clarence Street, be refused, as members considered the application not to be compatible with the current Street Scene Policy. 

The Chair summarised the rationale behind this decision being that the appearance of the wooden tables and chairs were not in keeping with the Council’s Pavement Tables and Chairs Design Guide for use in an urban area and because the application was against the Council’s Street Scene Policy on the grounds that the application obstructed the highway and posed a risk to public health and safety and protection, namely in relation to restricted space on the pavement with obstacles, a working cellar hatch, steep steps to the entrance and risks with using glasses and distance for carrying food and drink on the highway.