Agenda item

Boston Tea Party, Clarence Street, Cheltenham

Louis Krog, Licensing and Business Support Team Leader introduced the report as circulated with the agenda.  An application had been received from Mr Sam Roberts in respect of Boston Tea Party, 45-49 Clarence Street, Cheltenham. 

The applicant had initially applied to place 10 tables and 34 chairs outside the premises but had subsequently reduced this to place 9 tables and 18 chairs directly outside the premises.  If permission was granted today the tables and chairs would be placed outside on Monday to Sunday from 07.00 – 21.00.

The Officer referred Members to the additional papers which detailed a revised design of tables and chairs.

Appendix A of the report shows a photograph of the style of tables and chairs that would be used.

Appendix B of the report provides a location plan of the positions of the tables and chairs.

The Officer referred Members to point 3 of the report which detailed the consultation process and listed objections received against this application at point 3.2.1 of the report.  Appendix C of the report provided copies of the three objections.  The Officer asked Members to note that these objections were received before the applicant reduced the number of table and chairs in his application.     

The Officer referred Members to point 4 of the report which outlined the policies the Council apply when making decision on application for consents.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         

Members asked the following question of the Officer and in responding;

• Confirmed the bus stop next to the location of the tables and chairs was in use.
• A Member raised concern about bus fumes blowing onto the pavement where the table and chairs would be situated.
• Referred Members to point 1.1 of the report which explained that the number of tables and chairs requested had been reduced to 9 tables and 18 chairs.

Mr Roberts attended the meeting and made the following points in support of his application;

• Stated that there was a two metre clearance from the tables and chairs to the pavement edge.
• Had invested £350,000 in the venue.
• Said that having tables and chairs outside would define the café culture and attract people from the Promenade to this up and coming area.
• Confirmed he operates 14 other similar businesses around the country and stated that having tables and chairs outside is very important to the venue.

Members asked the following questions of Mr Roberts;

• A Member raised concern about the measurements taken and felt there was insufficient room between the barrier and the road for the use of the table and chairs.
• Mr Roberts advised the Committee that the area was measured with the Officer during a site visit.
• The Officer confirmed that a revised proposal of tables and chairs had been made during the site visit.
• Confirmed that he was happy to remove the banner barriers as suggested by the Urban Design Manager.
• Stated that ensuring customers did not move the tables and chairs around to suit larger groups would be an operational challenge for the premises and staff would deal with this.
• Suggested instead of single barriers being in place bookend barriers would be more suitable.  This would also allow more space for pushchairs and this would also be monitored by staff.
• Stated that it would be the customer’s choice to sit outside near to where buses would be in use.
• Advised the design of tables and chairs would be different inside the premises and that the external tables and chairs were an Italian design and expensive.
• The Officer reminded Members that it was not within the Committees remit to discuss the comfort of the chairs but could take a view of the colour used in keeping with the area.
• Advised that the zig zag area on the plan were by folding windows and if smokers were outside when these windows were open staff would deal with any issues.
• A Member suggested that Officers should be left to determine the style of table and chairs used.
• The Officer suggested that discussions should take place between Mr Roberts and the Urban Design Manager to decide which furniture would be suitable.
• Agreed that he would be happy if Members felt a further reduction in tables and chairs was necessary.
• The Officer advised Members they were expected to determine this application today and would not be able to bring this application back to the Licensing Committee if the table and chair layout was not suitable.
• The Chairman suggested that six tables and 12 chairs should be placed outside the premises with book end barriers.
• Mr Roberts confirmed he was happy with this alteration.
• A Member suggested 7 tables and 14 chairs being used.

Upon a vote it was (4 for 5 against)

that 7 tables and 14 chairs are placed outside the premises.

Upon a vote it was unanimously

RESOLVED that 6 tables and 12 chairs are placed outside the premises.

Members also voted to determine if the decision regarding which table and chairs should be used should be left to the applicant or discussed with the Urban Design Manager.

Upon a vote it was (6 for 3 against)

RESOLVED that the applicant will decide which tables and chairs are to be used outside of the premises.