Agenda item

Mrs Marie Fullwood

The Senior Licensing Officer, Andy Fox, introduced the report which had been circulated to Members.  He advised that an application had been received from Mrs Marie Fullwood for a street trading consent.  Mrs Fullwood was proposing to sell specialist coffees, chilled drinks, cakes and biscuits from a mobile unit measuring 2.5m x 2.1m (8ft x6.8ft) on the High Street (facing East) adjacent to French Connection and Burger King.  Mrs Fullwood had applied to trade from Monday to Saturday 08:00 to 18:00 and Sunday 09:00 to 18:00, with extended hours (08:00 to 21:00) during late night shopping over Christmas.

The Officer referred members to point 5 in the report, outlining the objections received from:

• Howard Barber, Public Realm Designer, Cheltenham Borough Council
• Martin Quantock Cheltenham Business Partnership Manager
• Martin Levick, Senior Enforcement and Compliance Officer, Cheltenham Borough Council, and
• William Danter

All objections were along similar lines of direct competition with nearby businesses selling similar produce and not conducive to the character and appearance of the area. 

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

Appendices B and C of the report showed location maps of where trading would take place and other traders in the locality.

The officer referred members to the Council’s current policy in relation to street trading and said that members must be satisfied that the proposed street trading is such that ‘’it enhances the town’s reputation as a tourist and leisure destination, and is in keeping with the streetscape’’.

In reply to a question from a Member, the Officer said that Appendix C showed the other street traders in the vicinity, who were joined at varying times throughout the week and year by charity sellers and seasonal traders, such as the turkey man over the Christmas period.

The applicant Mrs Fullwood attended the meeting and spoke in support of her application.  She said they were a small family catering business, wishing to keep everyone in the family employed and that they would like to sell specialist coffees.

In response to questions from Members, Mrs Fullwood said that:

• The coffee bean would be specifically for sale in Cheltenham and be of a type that was not too bitter.
• The illustration of the unit was only a proposal and that it could be made specially to conform to how the committee would like it to look and smaller in size to the proposed 6ft x 8ft if required.
• The family were in the catering business but were not currently trading elsewhere.

Members were advised that they had the following recommendations to determine:

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

A vote on option 1 was LOST Voting (For 1, Against 7 with 2 abstentions)

A vote on option 2 was CARRIED Voting (For 7, Against 0 with 3 abstentions) and therefore it was

RESOLVED that the application be refused because it does not comply with the provision of the street scene as the proposed location is deemed unsuitable.

Mrs Fullwood asked the Chairman if the refusal was completely due to its location, to which he replied that it was certainly an important part of the reason, but that street trading applications must add to or enhance the tourist, leisure or residential enjoyment of the town and be in keeping with the present street scene.