Agenda item

The Chair, Councillor Roger Whyborn, had declared a personal interest relating to the question asked, so the Vice Chair Councillor Diggory Seacome took the Chair for this item.

Question from Mr Will Capstick to the Licensing Committee

In 2015 my business partner (Mr Bambas Shaouna) and I attended a council Licencing meeting where we discussed the possibility of locating an ice cream selling bicycle in the promenade. I would like to raise another question in the hope the council will change their view on a current issue.

We run Mr Whippy Cheltenham and we attend many events in Cheltenham both large and small, from weddings to festivals with our ice cream vans. We have held street trading licences for many years and donate lots of money to local schools and charity's every year.

My request is simple. Over the years we have petitioned to be allowed to trade just outside Pittville park but have been unsuccessful, we have accepted this decision and have moved on. But I am now asking permission to be allowed to attend events inside that park where we have been invited. A prime example is the National Play Day event held every July, this is a large event where many different caterers and entertainers set up in the park and provide a fun day for the people of Cheltenham. I have attended this event as a member of the public and have spotted quite a variety of caters including burger vans, candy floss sellers and coffee vendors but for some reason ice cream vans are not permitted to attend. I have emails from the organisers saying they would be happy for us to attend but have been told that due to some rule have been told we are not allowed.

My concern is why all these other caterers are allowed to attend when we, who are local and provide a great deal to our area are not. I kindly ask that the council review this rule and allow us to attend events held in the park when invited.

Officers prepared a response that was read out by the Vice Chairman

The licensing of mobile ice-cream sellers in Cheltenham is subject to a number of conditions.  These are set out in the Council’s street trading policy under Appendix B (Special Conditions for Mobile Ice Cream Traders).

The abovementioned conditions restrict access to most roads adjacent to the Town’s parks including Pittville Park.

The restrictions on the licence does not restrict trading in the parks for mobile ice-cream sellers because parks are council owned property and therefore access rights are subject to permission from the council.

Addressing the specific issue raised by Mr Capstick, there is no restriction on his street trading licence that prohibits him from trading in parks as part of special events.  However, access and the ability to trade in a park will be subject to the express consent of the council either directly or indirectly (via the event organiser who will have the permission).