Agenda item

Report of the Licensing Officer

The Licensing and Business Support Team Leader, Louis Krog, introduced the report concerning the application from Mr Stephen Ashley of 3 Montpellier Street, Cheltenham, trading as the Rotunda Tavern.  He informed members that Mr Ashley had existing permission to place four picnic style tables with attached benches on the highway during the operating hours of the premises and that he was now applying to extend that permission to 24 hours a day, so that the street furniture would be in place 24 hours a day, every day.

Appendix A showed a photograph of the furniture and Appendix B showed plans of how the tables and chairs would be positioned when the premises were open and when the premises were closed.

The Officer pointed out that for practical reasons the tables and benches were already left out overnight, which was technically a breach of licensing consent.

The Officer advised that members needed to decide whether they felt the application was compatible with the current Street Scene Policy.

In reply to questions from members, the Officer clarified that:

·         No complaints had been received or incidents happened regarding the tables and chairs being left outside during the 2 and a half years that they had been there.

·         Other businesses with more portable tables and chairs did have to take them in.  This business was unique in that the benches were heavier.  

This latter point raised concerns by a member that other premises may decide to use heavier picnic style tables that could be left outside and thus this would set a precedent. Another member questioned the committee’s consistency in their street scene policy.

Many members expressed concerns about insurance cover and public liability, especially during the closure of the premises and wanted assurance that the applicant was fully covered and that there would not be any liability on behalf of the Council.

The Applicant, Mr Ashley, attended the meeting and spoke in favour of his application.  He confirmed that the tables and chairs were not collapsible and therefore could not be brought in, but that in the 2 and a half years that they had been in situ there and left out overnight there had not been any incidents.  He felt that the bench style tables were in keeping with a good old English pub and give it an identity rather than aluminium tables and chairs.  Mr Ashley confirmed that the benches were chained together and made safe during the premises closing time.  He also informed members that he was fully insured and had public liability insurance up to £5m.

Again a member queried whether there had been any after of hours anti-social behaviour, to which the applicant reiterated that there had not.

The chairman proposed an amendment to 1.4.1 that the application be approved subject to adequate insurance cover and that if there were any issues that the matter be brought back to committee.

Upon a vote it was 6 for, 2 against, 1 abstention

RESOLVED, that Mr Ashley’s application in respect of 3 Montpellier Street, trading as the Rotunda Tavern, for permission to leave 4 picnic style tables with attached benches on the highway 24 hours a day, be approved subject to adequate insurance cover, as members felt the application was compatible with the current Street Scene Policy.

Upon a vote that the application be refused, it was 2 for, 7 against.