Agenda item

Report of the Senior Licensing Officer.

The Senior Licensing Officer, Andy Fox, introduced the report regarding an application from Mr Alexander Heslop in respect of Bentleys Bar, 76 High Street, Cheltenham.  The applicant had existing permission to place 4 small tables and 8 chairs on the highway during the operating hours of the premises and was now applying to extend this permission.  The street furniture had existing permission to be in place from 10:00 to 23:00 hours Monday to Sunday.  The applicant was applying to extend this permission from 10:00 to 03:00 Sunday to Wednesday and 10:00 to 04:00 Thursday to Saturday with 2 larger tables and 8 chairs.

Appendix A showed the plan of how the tables and chairs would be positioned during the premises opening hours and Appendix B contained a letter supporting the applicant’s request.

The Officer informed members that an objection to the extension of hours had been received from Gloucestershire Police on the grounds of Public Safety, Crime and Disorder and Public Nuisance.

The Officer advised members that the application related solely to extending the times of the furniture being in situ, not the style of the furniture, and on this basis members should consider whether this application was compatible with the current Street Scene Policy.

At this point the Chair referred to item 6 on the agenda, relating to a similar application by the same applicant for the premises next door and agreed to discuss the two together.  The Officer therefore read out details of the application as regards Lounge 72, the adjoining premises, as set out in the report relating to agenda item 6.

The following debate thus related to both applications.

In questions to the Officer, members expressed concerns about the reasons for the police objections, the presence of door staff and disturbance to local residents.  The Officer informed members that with the presence of another licensed premises opposite, this was a busy street and was highlighted as a pinch point by the police, however there were no statistics or details of any trouble to justify this.  He confirmed that there were door staff on duty at varying times and that he was not aware of any complaints from nearby residents.  In answer to a further question, the Officer did not know the terms of the licence for the tables and chairs at the premises opposite and whether this extended past midnight.  A member offered the information that there were only 2 flats in the vicinity of the establishment.

The applicant, Mr Heslop, was invited to address the committee.  He told members that he had been at Bentleys for 8 years, trading as a late night bar.  He had an extended licence and traded until 3am Sunday to Wednesday and until 4am Thursday to Saturday at Bentleys and until 2am every day at Lounge 72 and that he complied with the permissions of his present licence with regards to the placement of tables and chairs on the highway.   He wanted to make improvements to the outside area with planters and heaters and had submitted drawings to show this.  He asked members to consider his application to extend the hours the tables and chairs could stay outside to match his current licensing hours, as he felt it would give patrons an area to gather where it would be easier and safer to manage by security and management.

In reply to questions from members, Mr Heslop confirmed that he had door staff on duty at Bentleys every night 11 till close and at Lounge 72 at weekends only.  He also always had door staff on Bank holiday Sundays and race days. His door staff moved around the outside area to the edge of the barriers and worked together with other door staff at other premises and had radio link contact.  He confirmed he was a member of Night Safe and that there were 14 cameras at his premises.  He stated that alcohol consumption was not permitted outside after 11pm, just smoking.

Mr Heslop stated that if keeping the tables and chairs outside later was an issue that he would be happy to stack them, but wanted to keep the barrier as an area to contain people smoking.  A member questioned if 2 larger tables would encourage more revelry and hence more noise, than 4 smaller tables. Mr Heslop replied that the new tables were only 10cm larger in diameter and that the number of chairs would still remain at 8, so he did not envisage this creating a problem.

Two members expressed their support for this application, stating smokers would be outside anyway and thus it would seem sensible to keep them within an enclosed area where more control could be maintained and that they didn’t see this as creating any more noise or disruption.  It was also felt that the atmosphere outside could be more relaxed if people were able to sit down.

Another member again questioned the position of the police and whether they had enough man power to patrol the streets and deal with people if they were on the streets for longer.  Neither the Chair nor Officer had knowledge of this and could not comment on police resources.  The Chair pointed out that from the objection of the police, they clearly felt that there would be an increase in noise, confrontation and crime and disorder.  However people would be on the street anyway so the question was how best to manage the situation.

The Chair moved that if a vote on the substantive to allow tables and chairs on the highway for the extended period of time failed that an alternative motion could be to give permission to retain the barriers but not the tables and chairs outside.

Upon a vote on the substantive, it was 7 for, 2 against.

RESOLVED THAT, the application in respect of Bentleys Bar, 76 High Street, Cheltenham, for two tables and eight chairs to be on the highway from 10.00 to 03.00 Sunday to Wednesday and 10.00 to 04.00 Thursday to Saturday be approved, as members felt the application was compatible with the current Street Scene Policy.