Agenda item

 Mr Edward Danter

The Chair explained to the applicant how consideration of his application would proceed.

Officer introduction

The Licensing Team Leader introduced the application for grant of a street trading consent, at a previously-used location on the Strand, trading between 8th November to 31st December 2020 at the times and on the days outlined in the application.  An image of the trading van is attached at Appendix 2 of the officer’s report.  Members were advised that they could grant  the consent if they considered it appropriate in this location or refuse the application as it does not comply with street scene policy or for any other reason.

There have been a number of objections, included with the papers, and paragraph 3.2 of the officer report reminds Members to be mindful of the assessment criteria when considering whether to grant or not. 

Under ‘licensing comments’, the report sets out CBC’s assessment criteria regarding number of locations and type of trading.  This is not an approved location, but Members are reminded that policy does not necessarily fetter discretion.  It is up to Members to take the needs of the area into consideration and the case’s individual merits..  

In response to Members’ questions, the Licensing Team Leader confirmed:

-           the location is the same as that used at Christmas 2019;

-           the unit is a scaled-down version of that previously used and this was the version used at Christmas 2019;

-           the site is not designated under policy but has been used by this applicant a number of times before and should be considered on its merits; and

-           there have been no complaints to CBC about the unit during the Christmas 2019 season.

Applicant’s address

The applicant said he has been trading since 1986, and 2020 will be his fourth year at this location.   His family has traded for three generations, and last year invested a lot in a new custom-built, smaller unit to comply with what was required.  It has been very successful, there have been no complaints, and he would like to continue trading at this location.

In response to Members’ questions, the applicant confirmed:

-           that the principal product would be pork rolls, turkey rolls, and Gloucester sausage.  Coffee is secondary to this;

-           that later opening hours have been applied for on Thursdays, because although late night shopping is not as popular as it used to be, most shops stay open until 8-9pm leading up to Christmas;

The Chair pointed out that the hours set out on the application are a maximum, not a requirement.

Member debate

Members made the following points:

-           looking at the objections, these are the same every year, and Members did not believe it was particularly fair to say this outlet competed with Sainsbury’s – as the products were not the same.  There are no concerns about the operator, who has traded for a long period without significant problems;

-           there are two types of competition – direct and substitute – and as people only eat lunch once, this business represents a substitute.   The High Street faces many difficulties, competing with on-line shopping and retail parks, and as a result more food and beverage outlets are opening.  Established operators have to pay high business rates – the leader of the council recently wrote an article in the Echo commenting on the way in which business rates are damaging the High Street.  The applicant won’t have to pay these and this isn’t fair, added to which this location is not supported by policy;

-           the stall offers something different from the surrounding businesses, and is nice and a diverse part of Cheltenham’s festive offer.

Applicant’s response

The applicant read out two letters, as follows:

-           from a long-term resident of Cambray Place who feels that the stall is something special, a well-run family business which enhances the Christmas street scene;

-           from a local sausage producer, who has been trading with the applicant’s family for over 10 years.  The business employs five local people, and provides hot, high-quality food for people on the move, who may not have time or money to find a seat in a café but don’t want junk food.

The Chair asked that references be supplied before the meeting rather than at the meeting going forward.

Vote

1.5.1 Approve the application because Members are satisfied that the location is suitable

4 in support

1 in objection

CARRIED

The Chair informed the applicant that this will be confirmed in writing in due course.