Agenda item

Mr Robert Metz (18/02055/STA)

The Licensing Officer introduced the report, he explained that an application had been received from Mr Robert Metz for a street trading consent to sell Dutch mini pancakes from a converted Rice horse trailer at the location designated Promenade 1 in the council’s street trading policy. Mr Metz has applied for an annual consent on a Thursday from 09:00 – 16:00. He advised that, whilst the location was a permitted trading location in the council’s adopted policy, the location was permitted for the sale of ice-cream, signup services, busking, arts & crafts, flowers/plants and fruit and veg only. The location of the proposed trading pitch was outlined at Appendix 1 of the report and an image of the trading unit at Appendix 2.

The Licensing Officer explained that whilst the application did not comply with the council’s adopted policy with regards to its permitted trading, the sub-committee should take in to account the individual merits of the application and any circumstances that may warrant a deviation from the policy. He further advised that Mr Metz had originally applied for an application for the sale of hot drinks also, however, this had been withdrawn due to the large number of establishments within the immediate vicinity already selling hot drinks. During the consultation period an objection had been received from Townscape team and this was outlined in the background papers.

He advised the sub-committee that they could:

·      Approve the application because Members are satisfied that the location is suitable, or

·      Refuse the application because it does not comply with the provision of the Street Scene policy or for any other reason.

The Chair firstly wished to remind the sub-committee that they were limited to either refusing or approving the application and it was not their job to determine the relocation of the unit.

In response to Members questions, the Licensing Officer confirmed that:

·           ‘Rice horse’ was a type of horse trailer;

·           In response to a query about the aesthetics of the unit being unsuitable for the location, and why the coffee trader at the end of the promenade had been allowed with a similar looking unit, the Licensing Officer confirmed that the comments regarding the aesthetics of the unit had come from Townscape and that the unit conforms with the licensing policy in terms of its appearance. 

·           If approved the licence would be granted for 12 months, the sub-committee had the powers to grant it for less time, but not longer;

·           The dates of the Christmas markets had all been decided and Mr Metz was aware he would not be able to trade during these times. With regards to Mr Metz joining the market, CBC had no control over this as it was a private market,  however, they could put him in touch with the relevant people;

·           The Licensing Officer confirmed that he would need to check whether all the sites approved for the sale of such goods were occupied. However, if the sub-committee were minded to refuse Mr Metz could come back and they could have further discussions on a more suitable location.

Mr Metz was then invited to speak in support of his application. He explained that:

·           Whilst he appreciated that there were several food providers along the promenade, he didn’t believe they sold anything similar to the product that he was offering. He felt that he would add to the offer already available in Cheltenham;

·           He was based in Cheltenham and thought it was nice to have local traders in the area;

·           He was aware that the space was not available around Christmas when the market was there;

·           He requested further clarification on the points raised in the Townscape objection as to why the unit was not appropriate for the promenade;

·           The alternative location of the long gardens, as had been suggested by Townscape was too narrow for his unit;

·           He was willing to consider alternative locations, although this location on the promenade would be his preferred option.

In response to Members question, Mr Metz confirmed that:

·           Dutch pancakes, were very small pancakes made with yeast to make them extra fluffy. He sold them in portions of 10;

·           He was only proposing to trade for 1 day a week due to his personal availability as his busiest days were Friday and the weekend, he also had other family commitments. If it were successful he may reconsider this;

·           He offered sweet and savoury options and sourced his produce locally. The cost of the pancakes would be £4.50 for the sweet option and £5.50 for the savoury;

·           In response to a query about whether Mr Metz had read the Council’s street trading policy, he confirmed that he was new to the industry and it had been a steep learning curve, he had spoken with other local traders and met with the licensing team at CBC where he had been referred to the online pages;

·           A bin would be available immediately adjacent to the stall and it was his intention to have the table and parasol out, although if this was an issue he would be happy to not display them. The Licensing Officer confirmed that if Mr Metz were to display the table and parasol the unit would not fit within the permitted site, so they would need to ensure it did not cause obstruction to pedestrians. Mr Metz advised that the unit would be clearly demarcated so as to alert people to it and not cause obstruction;

·           He would use gas bottles and take electricity from the phone box, although this still needed to be confirmed with the relevant parties. He would also ensure that the electricity cables were covered.

In conclusion, Mr Metz felt that he offered a different variety of food that catered to a lot of people and felt it would add to the offer Cheltenham already had. 

Members proceeded to debate the application:

·           One member did not agree with the Townscapes comments but did have concerns about businesses in the immediate vicinity who sold similar products;

·           Following concerns about scavenging gulls, one Member suggested a condition be applied which ensures the area is kept as clean as possible. The Licensing Officer confirmed that they had a standard condition on street trading licences which states all traders must keep the site clean;

·           One Member felt that competition was healthy, however, it was only fair when there was a level playing field. In this instance he did not feel it was fair as the other established shops along the promenade had to pay business rates and go through the planning process;

·           Others Members felt that the offering from Mr Metz was very different and he appealed to a different clientele to those who may frequent in the nearby restaurants;

·           The Chair reminded the sub-committee that they must determine the application on its own merits;

·           It was established that the Townscape team had objected on behalf of the eateries in the area and they themselves had not actually objected to the application. The Licensing Officer advised that consultation with local businesses happened through the BID and if the businesses had objected they would normally expect the BID to object on their behalf;

·           Some Members agreed that from the assessment criteria the ‘needs of the area’ was the most pertinent factor and queried whether the competition was fair.

·           In response to concerns that approval may set a precedent for future applications, the Licensing Officer advised the sub-committee that they could condition the licence so that this time next year, the licence be reviewed and consultation take place. Alternatively, he explained that a street trading licence could be reviewed at any time should there be complaints.

Members proceeded to vote on section 1.5.1 of the report, to approve the application because Members are satisfied that the location is suitable.

Upon a vote it was 2 in favour and 3 against.

RESOLVED THAT

The application be refused because Members are not satisfied that the location is suitable.