Agenda item

CaffeDolcetti, 4 Regent Street, Cheltenham

The Senior Licensing Officer, Andy Fox, introduced the report regarding an application from Mr Robert Gibson of Caffe Dolcetti, 4 Regent Street, Cheltenham to place 2 tables and 4 chairs on the highway outside the premises from 10.00 to 18.00 hours every day.  Appendix A showed photographs of the location and Appendix B showed how the tables and chairs would be positioned, together with photos of the furniture.

The Officer advised that only one representation had been received and that was from the Gloucestershire Constabulary who stated that the width of the pavement in this location was insufficient for furniture.

In reply to a question, the Officer confirmed that the pavement width in question was 2.25m, reduced to 1.55m with the tables and chairs in place and that the Council’s policy required a minimum clearance of 1.8m.  He also confirmed that the applicant’s measurements had been verified by Licensing Officers.

The Chair invited the applicant to speak in support of his application.  Mr Gibson stated that he had been surprised that his application had come to this committee as prior to submitting his application he had spoken with Licensing Officers and he was aware that other similar establishments in the vicinity had had been granted permission with a clearance of 1.5m or less.  He said he had double checked his measurements with the tables and chairs in place to ensure he was the same as the others.  He told members that he only wanted 2 tables and 4 chairs to enhance the café culture scene in Regent Street.

One member raised his concern about people moving the tables and chairs to form a group of four.  Mr Gibson replied that if that happened he would address the situation and added that he had large front windows so would be able to see if there was any inappropriate behaviour and deal with it immediately.  He also informed members that he valued customer service very highly, that he always had two members of staff on duty and they also had a panic button to the Police Station.

The question of kerb height outside his premises was raised and the applicant replied that the height of the kerb was the same as that outside Café Nero, Jamie Oliver’s and others in the area.

In reply to a question from the Chair, the Officer informed members that the applications for the other premises mentioned had been granted prior to the current street scene policy.   The Chair remarked that he was aware of the circumstances of the application in relation to Jamie Oliver’s and mentioned that the committee had recently passed an application where tables and chairs were proposed, with end barriers, on a pavement of similar width but that the clearance in that case was only reduced in one local spot. He pointed out to members the need for consistency and the potential for other cafes in the vicinity to make similar applications.

One member commented that the Regent Street footpath was busier than Grosvenor Street where the other similar application had been granted, but another member pointed out that the carriageway of Regent Street was only used as a turning space and that the speed of traffic along Grosvenor Street was faster.  A further member felt this area wasn’t that busy, that the furniture could fit and that the situation was better than he initially thought.

In summing up, Mr Gibson stressed that he had submitted his application based on the information supplied by the other establishments in the area on their successful applications and after consultation with the Licensing team.

The Chair moved to vote informing members that if they agreed the application, it would have to be on the assumption that there were sufficient mitigating factors to deviate from the policy.  It was then confirmed by officers that there was an expectation on the width based on experience to date, rather than a specific minimum width in the policy.

Upon a vote that the application be approved because Members felt the application was compatible with the current street scene policy:

It was 3 for, 3 against and I abstention.  The Chair therefore had the casting vote and voted against.

It was therefore RESOLVED THAT:

The application to place tables and chairs on the Highway at the premises of Caffe Dolcetti, 4 Regent Street, be refused as the application fell outside the provisions of the current Street Scene Policy.