Agenda item

The Ball Room, Bayshill Lodge, Montpellier Street, Cheltenham

Councillor Barnes and Walklett left the Chamber due to their declaration of interests.

Councillor Seacome became the Chairman for this item.

Louis Krog, Business Support and Licensing Team Leader, introduced the report as circulated with the agenda.  An application had been received from Mr Raja Miah in respect of The Ball Room, Bayshill Lodge, Montpellier Street, Cheltenham.  The applicant wishes to place 21 chairs and 7 tables on the pavement directly outside the premises.

If granted the tables and chairs would be placed outside from 08.00 – 00.00 on Mondays and Tuesdays, from 08.00 – 01.00 Wednesday to Saturdays and from 10.00 – 23.00 on Sundays.

Appendix A of the report shows a picture of the proposed tables and chairs.

Appendix B of the report shows a location plan of where the tables and chairs will be placed.

Louis Krog advised Members that the current policy for Town Centre Street Activities: Street Trading & Objects on the Highway was approved on 1 April 2013.  A copy of the whole policy had previously been circulated to Members and extracts are included in the application pack that was given to the applicant.

Louis Krog confirmed that four objections had been received against the application from the following;

C Loyons, local resident

Elizabeth Willmett, local resident

Nigel Overal, Gloucestershire Highways

Martin Levic, Senior Enforcement & Compliance Officer

Louis Krog advised Members that copies of all of the objections were attached to Appendix C of the report on page 27.

Gloucestershire Highways objected to the application and had concerns with the application as they felt the applicant had not submitted a plan that accurately reflected the actual site conditions.  They felt that the proposed arrangement of tables and chairs, even when not in use as shown in the submitted plan could be located without causing a compromise to pedestrian movements using the crossing and passing by the property.  When the table and chairs were in use they felt this would cause even more of a restriction to the footway.

Members asked the following Officer questions;

·        A Member asked for a larger picture of the whole of the corner of the premises.

·        Louis Krog provided Members with a copy of the table and chairs plan for the Wine Bar which is right next to the Ball Room

·        When asked Louis Krog confirmed the minimum space between the tables and chairs to the pavement edge is 1.8 metres.

·        A Member reminded Members of the double buggy test, there must be enough room for a double buggy to get past the table and chairs.

·        When asked, Louis Krog confirmed that guidance notes were provided with all application forms.  The applicant had chosen the timings for the tables and chairs to be in use in line with the timings of his premise licence.

Mr Miah attended the Committee and spoke in support of his application.  He said he had not applied for anything additional to other premises which had been granted permission for tables and chairs in this area.  The tables and chairs would help with his lunchtime trade and provide a better trade for customers.

Members asked the following questions;

·         When asked, Louis Krog confirmed that the Wine Bar have permission to have their tables and chairs outside from 10am to midnight every day.

·        When asked, Louis Krog stated that no other premises in this area had permission to place table and chairs on the highway for the times requested in this application today.

·        A Member raised concern over the number of table and chairs applied for.  The Member asked Mr Miah if the Committee were minded to grant this application today would he be happy with a reduction of what had been applied for.

·        Mr Miah said he would be happy with this.

·        The Chairman advised Members to put the additional plan of the Wine Bar’s table and chairs next to the plan on page 25 of the report.  This provided a whole street frontage view of the Ball Room and the Wine Bar.  The Chairman advised Members to also look at the photograph on page 28 of the report.

·        A Member raised concern for the residents living in the flats above the premises.

·        Mr Miah said the people living in the flats were in the same catering business as him.

·        A Member asked about the two bollards at the end of the pavement and asked if the tables and chairs would stay inside of them.  The Member felt there was not enough room between the bollards and the tables and chairs for people to walk past.

·        Mr Miah said the tables and chairs would stay inside the bollards.

·        A Member suggested a reduction in the number of tables to three, this would make more space for double buggies to get past rather than using the carriage way.

·        A Member referred to the bollards and said these take up a large amount of space.  They are in place to protect the pavement when the refuse lorries reverse down the side street to empty the bins.  The Member also suggested a reduction in the tables and chairs.  Looking at the photograph 2 tables and 2 chairs could be placed to the right of the door and possibly I table with chairs could be placed to the left of the door.  This would leave enough space for walkers and buggies to get past.

·        A Member suggested if the Committee were minded to grant the application barriers must be in place and the times would need to be brought in line with the Montpellier Wine Bar, 10am to midnight every day.

·        Members referred to the Wine Bar’s table and chairs.

·        Member discussed adjourning this item to enable the Committee to get the exact measurements of the site.

·        When asked, Mr Miah confirmed the tables and chairs that would be used were the same design as those used in the Montpellier Wine Bar.

·        Members felt that a range of options had been heard today and asked what the options were if they were minded to adjourn this item.

·        The Solicitor advised Members that the matter could be deferred to allow Officers to make further calculations and for a site visit to take place.

Upon a vote it was unanimously

RESOLVED thatthis application be adjourned until the next Licensing Committee on 7 February 2014 to allow further calculations to be done and for Members to attend a site visit.