High summit between Cheltenham traders and council over Promedade space
A dispute between a pizza restaurant's and Cheltenham Borough Council over its Promenade seating on the popular street could be reaching a happy conclusion.
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Cheltenham market organisers, restaurant owners and licensing chiefs will meet to discuss arrangements for using space on The Promenade.
Town centre pizzeria Japes was facing losing its outdoor seating during market days amid council plans to change its licence.
But Cheltenham Borough Council’s licensing sub-committee have agreed to find a way forward by convening a meeting with all parties which have permission to use the public space.
Japes was issued with a pavement licence for The Promenade in March and no condition was added at the time that requires the removal of furniture when markets are in operation.
However, after the licence has been issued, the Borough Council sought to add such a condition and this matter was referred to the licensing sub-committee meeting last night (August 6).
The council had been looking to add such a condition after a dispute between Japes and the operating markets over who has the right to use the land.
However, Japes director Paul Hunter said he has spoken with the markets and claims they are happy for their seating to continue in place while they are on.
Ahead of the meeting he expressed concerns about the impact the changes would have on his business at a time when the hospitality sector is struggling both nationally and in the spa town.
Mr Hunter told last night’s meeting that his licence allowed for 64 covers within the licensed area.
But he was later told the markets should take precedence over his business.
“This clause was not listed within our licence,” he said.
It was agreed with the markets they could work around the footprint of the area used for outdoor seating by Japes, he said.
He said markets were happy to leave that gap to accommodate the seating area and Japes would not use that space during the Christmas market period.
“We are not planning on having outside diners during the winter months,” he said.
Council solicitor Vikki Fennel said the council could only allocate that space to one licensee at any one time.
And they would need to vary the relevant licences.
“The applicant has been given a hearing tonight and it is therefore unreasonable to remove space from the markets without giving them the opportunity to have a similar hearing,” she said.
The committee voted to adjourn the meeting to get licensing to convene a meeting with all parties to agree what licences need to be varied.
“Those parties are to agree with licensing and the chair of licensing committee signs that off or it comes back to committee with all parties to make representations to the committee to make a decision,” the solicitor added.
The agreement Japes currently has will be honoured pending that decision.
And a meeting will be held in October if no agreement is reached in September.
However, the committee says the licence needs a condition to ensure the Christmas market takes precedence over anything else.
“So the proposal is you continue with your current agreement and then everybody gets around the table with licensing to work it out because licences are going to need to be altered,” she said.
Mr Hunter said the proposal made complete sense.
“I think we are moving a step forward. I appreciate your time.
“Getting us all around the table and reaching an accord is probably the best solution.”
By Carmelo Garcia, local democracy reporter for Gloucestershire. carmelo.garcia@reachplc.com