Agenda item

Miss Kirsty Westlake (Juicilicious)

The Senior Licensing Officer, Andy Fox, introduced the report regarding an application from Miss Kirsty Westlake of Juicilicious for a street trading consent to sell healthy food and drinks from a gazebo measuring 3m x 3m on the Promenade outside Waterstones from January to April, June to September and November from 08:00 to 18:30 Monday to Friday and 08:30 to 18:30 on Saturday and Sunday.  Appendix 1 showed the location of the proposed trading pitch and Appendix 2 gave an image of the trading unit.  The Officer continued that three objections had been received and advised that members must consider the application on this location plan and layout only.  The Officer recommendation was that this application be refused on the grounds of appearance and not in keeping with the streetscape; the goods to be sold not being unique and enhancing the enjoyment of the town and obstruction to the highway.

In response to a question from a member, the Officer reported that the Christmas, Farmers’ and Craft markets all used that area of the Promenade which were all actively promoted by the Council with tighter controls.  One member expressed concern about the objection on the grounds of the type of goods sold, as he felt competition was favourable and that nearby food establishments only had a limited variety of the healthy range on offer in this application.

The applicant was invited to speak in favour of her application.  Miss Westlake informed members that she would be selling healthy drinks, juices and smoothies, as well as three healthy breakfast options and healthy snacks.  In response to Huffkins’ objection to direct competition, she had up-dated her menu which no longer included lunch options and she felt the items on her new menu were not in competition with anyone else nearby.  Miss Westlake circulated a copy of her revised menu to members.

With regard to the objection of obstructing the highway, Miss Westlake reported that she had been under the impression from a member of the Licensing team that this pitch was already approved and had been advised to submit her application quickly. The Officer advised that the policy outlining the pitches had not yet been approved and thus each application for a pitch would go through on their own merit.  On this point, the Chair questioned the GCC comment regarding pedestrian access on the Promenade, as other larger markets were located there.

Miss Westlake continued that she agreed with the objection that the physical appearance of the gazebo was not in keeping with the streetscape for the Promenade and informed members of 2 different options that she considered more suitable, one being a tricycle and the other a more robust easy to set up half wooden hut and circulated pictures of these to the committee.  Members favoured the hut option, which with dimensions of 6ft x 4ft was smaller than the gazebo.

In reply to questions from members, the applicant stated that the reason she had not applied for trading consent in May, October and December was because she had been advised by the Licensing team of an international market and the Christmas market trading in this area at those times.  Miss Westlake also advised members that the majority of her items would be produced at her business premises at home, but that she would have a small silent generator to be able to make individual smoothies.

With regard to the objections from GCC, Huffkins and the Cheltenham Business Partnership, the Chair felt they didn’t address the real issues and that the Committee needed to consider the overall picture and the Borough as a whole and not concern itself with the profitability of traders.  Another member also pointed out that the pitch applied for was not free and had to be paid for.   In consultation with members, the Chair stated that the application with the gazebo would have been refused, however if the applicant was willing to change the design to the hut then this proposal could be supported. 

The applicant agreed to change the design to the hut option and in reply to a question stated that the hut could be set up in 10 minutes by two people and that it came in a packing bag that could fit into the back of a larger car.  Miss Westlake was happy to park the car nearby and carry the hut to the appropriate spot, but it was pointed out that vehicles were allowed on the Promenade for loading and unloading for the markets at certain times of the day. 

The Chair moved to vote on 1.5.1 subject to the change of design of the stall.

Upon a vote it was 9 for, 0 against.

RESOLVED THAT, Miss Kirsty Westlake’s application for a street trading consent be approved subject to the change of design to the wooden hut, as members were satisfied that the proposal was suitable and in keeping with the Street Scene Policy.

The Chair wished Miss Westlake success and welcomed seeing a young person setting up in business.