Agenda item

The Licensing Officer, Phil Cooper, introduced the report regarding an application from Mr Angel Andreev for street trading consent to sell hot spiral chips and sweet corn from a catering unit on the highway outside 202 High Street, Cheltenham.  The proposed location was not one that was approved for street trading in the Council’s adopted policy, but chosen by the applicant as electricity would be supplied by the shop adjacent to the trading cart.  The applicant had applied for a three month consent to trade on Fridays and Saturdays from 10:00 to 18:00 hours.  Appendices 1 and 2 showed the location of the proposed trading pitch, but as these were not conclusive the Officer circulated 2 extra pictures to clarify the location.  Appendices 3 and 4 showed pictures of the trading unit, with a letter in support of the application at Appendix 5. 

The Officer reported that one objection had been received from the planning enforcement officer, with details of the objection set out in 4.1 of the report.  The Officer reminded members that whilst the proposed location was not one of those approved in the policy, members may grant the application if they were satisfied that there were reasonable and defensible grounds for departing from the policy in this instance.  Otherwise members may refuse the application.

The Chair invited Mr Andreev to speak in support of his application.  Mr Andreev told members that he wished to set up a small catering unit selling spiral chips and sweet corn, for an initial 3 month trial period on Fridays and Saturdays only, to see how it went.  He said these products were not sold elsewhere in Cheltenham, that he had a good health and safety record and would comply with regulations.

In response to questions from members, Mr Andreev explained that his unit would be outside an existing premises with electricity supply coming from this establishment and with the wiring coming from above so it would not cause a trip hazard.  He confirmed that it would be just him working at the cart, that he was health and safety compliant, had food hygiene rating 3 and if he did employ others he would train them. He explained that the location was suitable due to the high footfall in this area, but mainly because of the agreement to access electricity from the nearby locksmiths which would eliminate noise from a generator.  Mr Andreev confirmed that stringent arrangements were in place regarding the use and disposal of the hot oil used.  Mr Andreev expressed that if this trial was successful, the next stage in his business development would be to look at a permanent shop.

Members raised various questions with the Officer as follows:

·         With regard to the rationale of designated trading areas and whether this location was not an approved site because the area was narrow and the high level of foot traffic in the road, the Officer replied this was a factor, but that specific locations had been chosen and set out in the policy and this was not one of the locations deemed suitable for street trading. He reminded members that they could approve the consent if they felt there were sufficient reasons and it enhanced Cheltenham as a tourist destination.

·         In reply to a question of whether this trading unit would be accepted if it were to go to a designated area, the Officer replied that even in an approved location, an application would come before committee if there were objections.  He confirmed that no objections had been received from hot food retailers in the area for this application, but it was not in an approved area.

·         The Officer confirmed that after 3 months the applicant would have to re-apply.  He explained that if there were any problems during that initial time the Licensing team would work with the applicant to sort them out prior to it coming before the committee again.

·         The Officer said the matter of inadequate location maps had been noted and that a meeting on this issue had already been held and the Licensing team may be able to assist applicants in future.

The Chair invited the applicant to have a final say and Mr Andreev thanked the committee for listening and hoped they would approve his consent so he could take his business forward.

In support of the application some members wanted to encourage sustainable economic development in the town and would consider approval as the application was for a trial period only and time and day limited.  They also felt there was a lack of approved locations in the town for hot food stalls and that the provision of power supplies in the town centre was lacking and suggested this could be a reason to deviate from policy.

Other members expressed concern about the location of the unit, being near a bus lane and an area of high footfall and felt it could be an obstruction.   Others had concern about the council’s policy on this and the allocation of suitable locations, although this was not a matter for debate at this meeting.

In summing up, the Chair reminded members of the objection raised in the report that the trading unit did not fit in with the street scene in this central location and that they should only deviate from policy in exceptional circumstances.

Upon a vote, it was 4 for and 5 against.

RESOLVED THAT,Mr Angel Andreev’s application for a street trading consent be refused, as it did not comply with the provision of the street trading policy.