Agenda item

The Licensing and Public Protection Manager explained that a street trading application had been received for Mr Cambray’s Curiosity on Cambray Place. The consultation period had concluded the previous week and as there was not sufficient time to schedule a licensing committee to determine the application it has been agreed with the Chair that it should be reviewed as urgent business. There are three outstanding objections which have been provided to the committee. The main concerns raised relate to noise and the potential to cause distress to the clients of a nearby psychotherapy centre. The street trading consent is for 8am – 5am over the duration of the March festival with a marquee erected outside of the premises. Environmental Health have been consulted and raised no concerns. The Licensing and Public Protection Manager outlined the possible outcomes available for the committee to decide between. Another application for a marquee on Cambray Place by Taylor’s Eating House received no objections and has been granted.

In response to Members’ questions, officers confirmed that:

-       The hours applied for are 8am until 5am, to offer hot food and drinks in the morning and tie into the temporary sexual entertainment venue licence that will be operating from 6pm to 5am. The sale of alcohol will run from 6pm to 5am.

-       Smoking and vaping will be outside the marquee in line with the Public Health Act. The venue plans do show an exterior area to the rear of the premises which may provide a smoking location, this would need to be checked with the operator. It is possible for the committee to condition consent with restrictions in relation to a smoking location and access and egress to the marquee. The Chair noted that conditions will need to be practicable given how busy race week is, for example, it may not be possible to prevent people leaving with takeaway food.

-       The sexual entertainment venue (SEV) has a plan that is entirely inside the venue so should be separated from the marquee and performers should not come into the marquee.

-       The licensing team will be working throughout race week and will be inspecting sexual entertainment venues to ensure they are compliant.

-       The operator has confirmed that there will be door staff on the marquee and on the SEV entrance throughout the event.

-       The counselling service is next door to the premises. There is a pavement licence in place for Mr Cambray’s Curiosity throughout the year, so even without a marquee in operation people would still be able to sit outside and drink.

Members made the following comments:

-       The lack of objections to a similar marquee on the same street suggests that the objections are due to who the applicant is rather than material grounds, which is not a licensing consideration.

-       Due to the nature of race week there is likely to be activity at breakfast time and then activity again after 6pm when the SEV is in operation. Attendees returning to town may be disruptive but it will be difficult to establish which venue is responsible for their behaviour, which makes it difficult to single out an individual premises and deny their licence on that basis.

-       Environmental Health have raised no objection based on noise. Refusing the application due to noise concerns could be seen as an unreasonable decision as it is has not been supported by the council’s own experts.

-       The marquee may provide a benefit by encouraging people to stay within one environment rather than spreading further into the street.

-       If taken as a Chair’s decision he confirmed he would have been happy to grant permission with the conditions within the application. He felt it was important that the decision was made in as transparent a way as possible. Members agreed with this conclusion.

The matter then went to the vote and the committee RESOLVED unanimously to grant the application as applied for.