Agenda item

Report of Licensing Officer

The Licensing Officer, Phil Cooper, introduced the report regarding an application from Mr Adrian Wood for 2 street trading units to sell seasonal fruit, vegetables and salad. He explained that the first application related to the corner of Church Street and High Street as illustrated in the report. The second application related to the High Street near the entrance to Beechwood Shopping Centre as shown in the report.

The Licensing Officer explained that in relation to Church Street/High Street location, objections had been received from the area highways representative, the council’s licensing team leader, and the council’s built environment team. The objections related to the location of the unit and the safety of pedestrians due to the fact that the proposed unit would fill the pavement, meaning that pedestrians would need to walk in the street or on the pavement on the other side. He stated that Church Street was open to vehicles although it was not a busy road.

Members were advised that the applicant had stated his willingness to reduce the size of the trading unit if the Committee thought it necessary. He reported that the Council’s public realm designer had also commented that that area of the High Street would be undergoing extensive roadway improvements from December this year and indeed works were already taking place. The Licensing Officer explained that if the committee were minded to grant street trading consent, it must be observed that trading would have to cease whenever roadway improvements were being carried out. He added that in relation to the High Street location near the entrance to Beechwood shopping centre, no objections had been received.

The Licensing Officer explained that in relation to each of the locations, the committee was asked to consider whether the proposed trading was appropriate given the policy requirement that such trading must be of a type that positively enhanced the enjoyment of the town as a leisure destination. He also highlighted that the committee should also give due to consideration to any effect the proposals may have on road safety and obstruction of the highway.

The Licensing Officer gave the following responses to Members’ questions-:

·         It was not known how long the traffic works would take,  although this would be beyond December

·         The height of the kerb had not been measured in the context of the policy in terms of trading near kerbs “no activity will be permitted within a minimum of 2 metres of a kerb”. Although it was noted that Members may depart from the policy if there were clear and defensible reasons to do so.

Members noted that there was very little traffic on Church Street and that the specific location had been used in the past by a flower seller.

Speaking on behalf of Mr Adrian Wood, Mr Knightly explained that Mr Wood had to leave his current premises by 4 September due to the commencement of the Brewery Phase 2 development. He said that Mr Wood was the only independent grocer in Cheltenham and was a major draw in terms of footfall to his current location in the Lower High Street. He now had to search for an alternative site within his budget. The Licensing team had been consulted in terms of finding a street trading pitch which would be potentially suitable for the High Street. Two potential locations were being applied for –the High Street in front of the Beechwood Arcade which was a wide street and the second was in Church Street where Mr Wood was keen to work with Licensing to find a suitable pitch where the stall would be set up on a daily basis.

Mr Knightly and Mr Wood gave the following responses to members’ questions :

·         the proposed hours of trading would be 8.30-5.30 Monday to Saturday with no trading on Sunday

·         street trading pitches would be limited to 10 lines of produce due to the limited space

·         having two trading pitches would add to the offer in the town

·         it was confirmed that on the Church Street site customers would be served from Church Street and not the High Street. Members were concerned about pedestrian congestion from inside Church Street

·         the presentation of the stall would not be detrimental to the street scene and there would be no bags or bowls of produce on the ground as there were on the current site; it was highlighted that in any case on a street trading site the same sort of stock could not be carried

·         no flowers would be sold on site

·         waste would be limited due to the lower levels of stock and any empty boxes would be stored under the tables; there would be higher specification produce sold and as the street trading pitch started fresh every day there would be no rubbish left on the pitch overnight

·         it was accepted that no trade would take place during the roadworks

·         when asked about the use of the car park in the Lower High Street Mr Wood explained that Woodys was the last stall to leave the market as it was the only one which had been trading well. He left the market to relocate to the shop on the Lower High Street.

·         It was confirmed that currently a street pitch was the only affordable option for Woodys to be able to stay in Cheltenham. Going forward it would very much depend on the High Street in terms of the cost of renting and this would continually be reviewed based on turnover and profit. In the interim street trading pitches were viable options and it was understood that a street trading licence was for a one year period and unless there was an objection or any changes, this would not have to come before committee again.

Members acknowledged that Woodys brought life and vibrancy to the High Street and had a loyal clientele. One member believed that a street trading stall would not be appropriate at the Beechwood Arcade end of the High Street. Members highlighted that the site at Church Street should not encroach on the High Street as per the comments from the built environment team.

The following two votes were taken :

Application (1)-corner of Church Street and High Street

RESOLVED that (unanimous)

The application be approved because Members are satisfied that the application complies with the provision of the Street Scene policy and the location is deemed suitable in that it enhances the town’s reputation as a tourist and leisure destination, and is in keeping with the streetscape

Application (2)-location on the pedestrianised High Street by Beechwood Arcade

RESOLVED that (8 in favour, 1 abstention)

The application be approved because Members are satisfied that the application complies with the provision of the Street Scene policy and the location is deemed suitable in that it enhances the town’s reputation as a tourist and leisure destination, and is in keeping with the streetscape