Agenda item

Mr Martin Hayes

Councillor Thornton left the chamber at 2.35pm due to her declaration of interest.

Amelia Byres, Senior Licensing Officer, introduced the report as circulated with the agenda.  An application had been received from Mr Hayes for a street trading consent to sell local fruit, jam and preserves from a traditional market barrow on the High Street outside Beechwood Arcade Shopping Centre.

The requested trading period and days are 10.00 – 16.00 Monday to Saturday.

Appendix A of the report showed an image of the proposed barrow and Appendix B detailed a location map.

Mr Hayes’ application sought consent to trade from 24 June to 14 August and 2 September to 7 October 2013.

Mr Hayes attended the meeting and spoke in support of his application.  He previously sold local produce at the train station until the new Tesco supermarket affected his trade.

Mr Hayes confirmed that most of the fruit would be provided by his own fruit trees.  He explained that the bad weather had resulted in cherries and plums fruiting very late this season.  Due to this Mr Hayes had selected dates to trade to hopefully tie in with fruits cropping.

Mr Hayes stated that only local produce would be sold and this would be very good for the high street.

Members asked the following questions:

• A Member suggested that Mr Hayes be permitted to trade for the whole period of the selected trading dates.
• Amelia Byres confirmed that the dates had been selected by Mr Hayes.
• Mr Hayes explained it had been difficult to choose trading dates as a result in late crops of fruit due to the bad weather.  Mr Hayes said it would be preferable to have the option of a longer trading period.
• A Member raised concern about the produce spreading to the sides of the barrow.  The Member said they were happy with the location and the unit but asked that the timing of set up be tightly controlled.
• A Member asked how close the barrow was in relation to the near by flower seller.
• Mr Hayes said it was quite close but looking out of the Beechwood Arcade, his barrow was the first stall on the left and the flower seller was further down the high street by HMV.
•  When asked, Mr Hayes confirmed that his produce is sourced from Ross on Wye, Hales Fruit Farm, Vine Farm in Staunton and Leominster.  The maximum distance for produce is 40 miles.
•  When asked, Mr Hayes said there would be no conflict between his barrow and the flower seller as different produce was sold.
• He confirmed that his business at the train station had closed down as Tesco had killed his trade.  Mr Hayes said that there would not be enough produce to spill over and spread outside of the barrow so this would not be an issue.
• When asked about the stall, Mr Hayes said it had not been made yet but he had seen one that could be made for him.  Mr Hayes said the barrow would be attached to his vehicle which could be parked outside Cambray Place.  The barrow would then be taken to its trading point and the vehicle would be moved away allowing Mr Hayes to cycle back into town.  Mr Hayes stated he was not expecting to drive onto the high street with the barrow.
• A Member referred to the change in the Town Centre Policy which encouraged tourists into the town.  The Member felt the unit shown in Appendix A of the report was not attractive and asked if his barrow would be similar to what Mr Hayes had in mind.
• Mr Hayes explained that the bottom of the barrow would be filled in to enable fruit to be stored there.  Everything that would be sold on the day would be on display with a back to the barrow to protect produce from the weather.  He stated that the measurements in his application were slightly out but would be no more that 50cm extra.
• When asked, Mr Hayes said the barrow would be an attractive display and it was going to be fantastic.
• A Member referred back to the trading dates and reminded Mr Hayes that even if he was unable to trade due to lack of produce, the fee would still need to be paid.
• Amelia Byres confirmed that Mr Hayes could be charged on a weekly basis dependent on each week.  If a break in trade did change that could be accommodated for.
• A Member asked if the application was approved that a condition could be attached to the licence to ensure there is no spillage out of the vehicle and asked officers and Mr Hayes to agree together what that layout will be.
• A Member asked if Mr Hayes was happy his barrow would not impinge on the flower seller and did not sell anything they sold.
• Mr Hayes said he hoped the application would be approved, his application was in keeping with the high street and would enhance it.  Nothing like his produce was sold at this end of the high street and everything would be very locally produced and fruit from Cheltenham would be used. 
• A Member asked how Mr Hayes saw this application fitting in with supporting tourism.
• Mr Hayes confirmed this would be the same stall as set up at the station which was very well received.  Visitors who came for the day to the town on holiday or to visit the festivals often took some local produce from the Cotswolds back home with them from his stall. 
• When asked, Mr Hayes stated that jams and preserves are made with the local produce by a lady locally and could be sold along with local fruit juices.

Members were advised that they had two options as set out in the report:-

1. The application be approved because Members are satisfied that the location is suitable, or
2. The application be refused because it does not comply with the provision of the Street Scene policy as the proposed location be deemed unsuitable.

Members voted for these two options:

Option 1: Voting For: 9, Against 0, Abstentions 0

Option 2: Voting For: 0, Against 9, Abstentions 0

RESOLVED that the application be approved because Members are satisfied that the location is suitable.