Agenda item

Mr Angel Andreev

The Licensing Officer, Phil Cooper, introduced the report regarding an application from Mr Angel Andreev for a street trading consent to sell hot spiral chips and sweet corn from a catering unit measuring 1.2m long, 0.6m wide and 2.0m high on The Promenade adjacent to Long Gardens.  The council has determined this location to be suitable for street trading, with restrictions on the type of goods to be sold limited to ice cream, confectionary/cakes, busking (when also selling merchandise) and sign up services.  The applicant had previously been refused consent to trade on the highway outside 202 High Street Cheltenham.  The applicant has applied to trade on Fridays and Saturdays from 10.00 to 18.00 hours.  Appendices 1 and 2 show the location, with a photograph of the unit at Appendix 3. 

The Officer reported that one objection had been received from the council’s planning enforcement officer, on the grounds of the visual appearance of the trading unit and it not enhancing the streetscape.  Members were advised they were to consider granting the application because they were satisfied that the location was suitable or to refuse it.

In response to questions from members, the Officer confirmed that although the objector had indicated that it did not comply with the street trading policy, the matter had to come before committee in relation to the type of goods to be sold.  The Officer also advised, that whereas the applicant’s previous application was for a 3 month trial period, this was not the case this time and a standard 12 month trading period would apply if granted.  However members could restrict the consent to a 3 month trial period.

The Chair invited the applicant to speak in support of his application. Mr Andreev said he would be happy to accept a 3 month trial period in this location.  His application was refused last time and he would be happy to get the chance to trade his products in the town centre at this site.

In reply to a question from a member, Mr Andreev said that he was in negotiation with Cheltenham Borough Council property section about use of electricity.

During the ensuing debate, many members said they liked the product, it being interesting, inventive and different and members also wished to support this business initiative.  However, members also felt that the appearance of the trading unit was too garish, unsuitable and out of character for this location in the Promenade where it didn’t enhance the street trading scene.  Some felt it was more suitable for location in other parts of the town or appropriate later at night, but as this application had already been refused in a different town centre location, members questioned the Officer on the policy and the guidance that had been given to the applicant.

The Officer informed members that the town centre area covered by the policy only had 2 locations approved for the sale of hot food; one was permanently occupied and one was only occupied during the school holidays.  The Officer suggested that if the applicant wished to use the latter site during term time, then this could be discussed and, as it was an approved site for the sale of hot food, the applicant would not have to come before the committee again.  The Officer also informed members that there were locations outside of the town centre area where street trading units could sell hot food.  The Chair confirmed that the partially used site was opposite the Next store and was seasonally used by Danters selling crepes and donuts.  The Officer did not know if there was an electricity supply to this location or whether there was space for the 2 units to trade side by side.  Members recommended that as it would be beneficial to have an electricity supply to these locations, this matter be taken up with the Council.

If the applicant was unsuccessful, one member asked if his application fee could be waivered or reduced should he wish to make a further application.  The Officer advised that he did not have the authority to grant this, but stressed that the applicant had been advised against this location, but he had still applied to be in the town centre. 

Members felt trading units should enhance not detract from the street scene landscape, but again questioned the policy on the restriction of locations for selling hot food, as members were keen to support business set-ups.

As the applicant had nothing further to add, the chair moved to vote on granting the application.

Upon a vote, it was 2 for, 5 against, 1 abstention

On voting for refusal of the application, it was 5 for, 1 against, 2 abstentions

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.