Agenda item

Mr Mark Morris

Louis Krog, Licensing and Business Support Team Leader introduced the report as circulated with the agenda.  A renewal application had been received from Mr Mark Morris for the renewal of a street trading consent in respect of his flower stall located on the Promenade at the junction of Ormond Place.

If granted the proposed hours of trade would be on Monday to Saturday’s 08:30 to 18:00 and 11:00 to 17:00 on Sundays.

Appendix A of the report provided an image of the stall.

Appendix B showed a location map of where trading would take place.

Page 48 of the report provided a photograph showing the Regent Arcades proposed development.

A number of objections had been received in connection with the application and for that reason it had been referred to the Licensing Committee for determination.

The Officer referred Members to point 5 of the report which detailed consultee comments.  Objections had been received from the following consultees;

• Mr Alexander Rose (Managing Director – Beards Jewellers)
• Mr Jeremy Williamson (Managing Director – Cheltenham Development Task Force
• Mr Richard Nichol (Canada Life – Owners of Regent Arcade)
• Mr Martin Quantock (Business Partnership Manager)
• Mr Richard Ralph (DTZ Associate Director)
• Mr John Forward (Regent Arcade Manager)
• Mr Wilf Tomaney (Urban Design Manager, Cheltenham Borough Council)

The report provided details of the objections.

The Officer advised the Committee that prior to the meeting a letter had been received and signed by all of the objectors to the application and the applicant asking for further time so that alternative solutions acceptable to all could be sought. 

The letter sought a temporary extension to the street trading licence up to 31 July 2014 in its current location.  During this period all parties would seek to trial a compromise solution, which could entail:

• Re-orienting the stall
• Changing the stall layout
• Changing the stall’s location within Ormond Place or potentially on to the Promenade.

The letter also asked the Committee to allow any trials to be undertaken through delegated Officer authority without returning to the Licensing Committee. 

At the end of this period or before, either

• A revised application would be submitted with the support of all parties
• The original application would be resurrected as the trialled solutions had proved unsuccessful.

The Officer advised the Committee that Mr Morris had provided a revised photograph of his stall which showed a clear line of sight from the Promenade to Ormond Place.  A copy of the photograph is provided as a supplementary document to the minutes.

Members asked the following questions of the officer and in responding:

• Confirmed that if the works were delayed Mr Morris could continue to trade as normal.  As a result of the proposed mediation meeting a new application may be submitted.
• Stated that there was not a condition on the licence to change the way the stall is anchored to the pavement.

Mr Morris attended the Committee and spoke in support of his application.

He reminded the Committee that Gloucestershire Highways had previously agreed a few years ago to place hooks in the pavement for use with the stall but that this would be done at the same time as the redevelopment works.  This would now be a good time to put these in place.

Mr Morris stressed that he had arranged negotiations with all parties himself which had been difficult.  Before today’s meeting Mr Morris had sought advice from his local Councillor who contacted the Cheltenham Development Task Force Manager to arrange a joint meeting.  Previous meetings had been unsuccessful and a compromise could not be met.

Members asked the following questions of Mr Morris and in replying:

• Confirmed he had signed the joint letter enabling him to trade until 31 July 2014 as a good will gesture but that he wanted a 12 month licence.
• Suggested a 12 month licence be granted with a review in 3 months time.
• Stated that he had changed the layout of the stall after a previous meeting with Beards and the Regent Arcade.  A shelf had been dropped and Mr Morris was currently arranging for the top of the stall to be reduced down.  All of these measures were done when asked and that he was showing willing.  This had reduced the stock levels and did not look as nice but he has compromised to keep all parties happy.
• Explained that the suggested relocation of the stall outside Cavendish House would be difficult on Farmers Market days as there are a large number of lorries loading where the stall would be sited and trade would be affected.

A Member proposed the licence is granted for 12 months and that Officers are given delegated authority to relocate the stall when the works are taking place.

Vikki Fennell, Solicitor advised Members that the letter had withdrawn the objections made to the application on the basis that the licence is only granted to the 31 July 2014.  Therefore a licence could only be granted until then otherwise the objectors will not have another opportunity to object if the trial period were unsuccessful.

A Member suggested delegated authority is given to Officers to extend this time period if a resolution is agreed with all parties.

The Officer sought clarification about the delegation and stated that if Officers were given delegated authority, all parties and the applicant needed to be in agreement of the trading proposal if the licence was to be extended beyond 31 July 2014. 

The existing consent would be revoked under Officer delegation when the works started and Mr Morris would have to submit a new application to trade with a new location.  If objections were received against the new application the Licensing Committee would need to determine the consent.

Mr Morris said he was unhappy with this decision.

The Chairman stated that if agreement with all parties is not reached at the mediation meeting before the end of July the application would need to come back to Licensing Committee to understand what had not worked.  The letter signed by all parties must be taken as read.

A Member stated that the next Licensing Committee after the 31 July 2014 would be 1 August 2014.

The Officer stated that it would be possible to have a report ready for the August committee if the subsequent application is received by the beginning on July.  However, if this was not possible, Mr Morris will be able to trade in the current location until the Council has determined his application which may be as late as September.

In summing up Mr Morris said that he had been driving the mediation meetings himself and wanted to keep everyone happy and to ensure this was dealt with.

Upon a vote it was unanimously

RESOLVED that the application is granted for permission to trade until 31 July 2014.  During this time a mediation meeting would take place with the applicant and objectors to seek alternative solutions acceptable to all.