Agenda and minutes

Councillor Julie Swan was appointed Chair.

No interests were declared.

Purpose.

The purpose of this report is for the committee to consider objections received in respect of the provision of highway amenities consisting of goods at Marilyn's Floral Boutique and so far as this relates to the renewal (or otherwise) of a previous amenity permission granted to the premises.

RECOMMENDED that the committee determine the application.

The Principal Licensing Officer introduced the report and asked the panel to note the following corrections:

·         The distance from the shopfront to the kerb is 1.8m not 1.9m.

·         The amenities are flowers and displays not tables and chairs.

There were no questions.

Rebecca Stuart, owner circulated photographs to the panel and included the following points in her representation:

·         She had held the amenities licence for 20 years with no issues.

·         It is not on a main road.

·         There are some customers with disabilities.

·         The photograph on pages 9-11 of the report show buckets of flowers which are not normally put outside.  She was away and a member of her staff put them there in error.

·         The displays brighten up the road.

·         The outside displays could not be put inside the shop as space is limited.

Councillor Hugh Mason included the following points in his representation:

·         The road next to the premises leads to flats and the carpark.

·         Fewer than two dozen vehicles use that road per day.

·         The width of the footway from the floral display to the kerb is 1.2m which is greater than the distance from the lamppost to the wall.

·         The windows are smaller than typical shop windows so goods cannot be displayed to the same extent.

·         The business is dependent on the ability to display goods outside.

In response to questions from members, Ms Stuart explained that normally the displays do not extend as far as shown on the photograph.

The Principal Licensing Officer added that he had visited twice; the photograph in the report was taken on his first visit.  On the second visit the amenities were closer to the wall.

There were no further questions.

In summing up, the Principal Licensing Officer reminded members that their decision is final; the applicant has no right of appeal.

The applicant had nothing to add.

DECISION

The committee granted the application subject to the following conditions:

·         The distance from kerb to the frontage of the displays area must be no less than 1.2m.

·         The amenity displays may be in place from 09:00 to 17:30 Monday to Saturday.

·         The amenity display may be in place from 09:00 to 19:30 in December and on Valentine's Day and Mothers' Day.

REASONS

In considering the application the committee heard all oral representations and considered the written documentation along with the relevant aspects of the Highway Act 1980 along with the guidance contained in the Amenity on the Highway Policy published by Portsmouth City Council.  The policy was last published in November 2014.

Whilst there is no statutory definition of what amounts to an object or structure placed upon the highway, the committee was reminded that the underpinning of the adopted policy is that amenities provided on the highway should make a positive contribution and will not cause an unreasonable obstruction.

In addition, the committee was further mindful of the view that in confirming that obstructions are allowed onto the highway there should be consideration as to the need to protect the  ...  view the full minutes text for item 32.

Purpose

The purpose of this report is for the committee to consider objections received in respect of the provision of highway amenities consisting of goods at Portsmouth Fruit and Flowers and so far as this relates to the renewal (or otherwise) of a previous amenity permission granted to the premises.

RECOMMENDED that the committee determine the application.

The Principal Licensing Officer introduced the report and explained that there were the following corrections:

·         The application is for Monday to Sunday, not Saturday.

·         The amenities are flowers and displays, not tables and chairs.

In response to a question from members, he explained that the displays were not in the correct position on the first visit but were further back when he made the second visit.

Following a discussion, the following distances were agreed:

·         From the bollard to the front of the trolley: 1.04m.

·         From the corner of the trolley: 1.83m

There were no further questions.

Sue Manning, joint owner circulated letters from the Mary Rose School and the Chair of the Milton Neighbourhood Forum and photographs of disabled customers to the panel and included the following points in her representation:

·         She and her husband had been trading for 25 years and held an amenities licence for 23 years without any complaints or problems.

·         The bollard causes an obstruction and limits the pavement to 155cm at that point.

·         The bollards are only at one end.

·         They are aware of the needs of disabled people and had received the Silver Shopability Award after widening the door and raising the shop front.

·         She offered members the opportunity to watch a video of some of the customers on her mobile phone.  This offer was declined.

In response to questions from members, she added that:

·         Christmas trees are displayed outside on the trolleys or in pots and are tied back or in netting.

·         They serve the community.

·         This premises offers a sought after service.

·         The outdoor displays are vital to the success of the business.

The council's Access & Equality Officer suggested that in line with government guidance, a passing place could be incorporated along the side of the premises by moving one of the trolleys.

There were no further questions.

All parties declined the offer to sum up.

DECISION

The committee granted the application so as to permit amenity provision on the following basis:

• Monday to Saturday 06:30 until 18:00.

• Sunday 09:00 until 15:00

REASONS

The committee heard all oral representations and considered the written documentation along with the relevant aspects of the Highway Act 1980 along with the guidance contained in the Amenity on the Highway Policy published by Portsmouth City Council.  The policy was last published in November 2014.

Whilst there is no statutory definition of what amounts to an object or structure placed upon the highway, the committee was reminded that the underpinning of the adopted policy is that amenities provided on the highway should make a positive contribution and will not cause an unreasonable obstruction.

In addition, the committee was further mindful of the view that in confirming that obstructions are allowed onto the highway there should be consideration as to the need to protect the rights and safety of those persons using the highway.

In reaching its decision, the committee considered the following matters as having a material bearing on its decision:

1.         The committee noted that  ...  view the full minutes text for item 33.

Purpose

The purpose of this report is for the committee to consider objections received in respect of the provision of highway amenities consisting of goods at Ron Whites and so far as this relates to the renewal (or otherwise) of a previous amenity permission granted to the premises.

RECOMMENDED that the committee determine the application

The Principal Licensing Officer introduced the report.

There were no questions.

Steve White, owner included the following points in his representation:

·         His father opened the shop in 1962 and the licence was granted 20 years ago and been renewed yearly. 

·         There have been no complaints or accidents.

·         The display pretty much always extends no further than the lamppost and gully.

·         The display is lit by the nearby lamppost.

·         There is no space inside the shop to put the plants.

·         The outside display lifts the general mood of the area.

·         At Christmas, two or three trees are displayed outside.  These have either tied branches or are netted.

·         The outside display is vital to the success of the business.

Councillor Hugh Mason included the following points in his representation:

·         The outside display had been there for over 50 years.

·         He had received no complaints.

·         The gully prevents and people in wheelchairs passing anyway.

·         The lamppost protrudes further than the display.

·         The smokers who gather outside the nearby pub obstruct the highway.

In response to questions from members, Mr White explained that the display is cleared by 17:30.

There were no further questions.

In summing up, the Principal Licensing Officer reminded members that their decision is final; the applicant has no right of appeal.

Mr White and the Access & Equalities Officer had nothing to add.

DECISION

The committee granted the application so as to permit amenity usage from 09:00 until 17:30 to allow dismantling of the display from 17:00 onwards.

REASONS

In considering the application the committee heard all oral representations and considered the written documentation along with the relevant aspects of the Highway Act 1980 along with the guidance contained in the Amenity on the Highway Policy published by Portsmouth City Council.  The policy was last published in November 2014.

Whilst there is no statutory definition of what amounts to an object or structure placed upon the highway, the committee was reminded that the underpinning of the adopted policy is that amenities provided on the highway should make a positive contribution and will not cause an unreasonable obstruction.

In addition, the committee was further mindful of the view that in confirming that obstructions are allowed onto the highway there should be consideration as to the need to protect the rights and safety of those persons using the highway.

In addition, to the above the committee was reminded in the report to consider the matters raised on page 2 and 4; this said the committee recognised that each application is fact specific and whilst guidance exists the decision rests with the committee.

In reaching its decision, the committee considered the following matters as having a material bearing on its decision:

1. The committee was informed that the current usage was had subsisted for over 50 years and as a licensed amenity from 1996.

2. The committee accepted the representation that the current display does not and will not encroach beyond the lamppost shown on page 51 of the report.

3. It was clear  ...  view the full minutes text for item 34.

Purpose

The purpose of this report is for the committee to consider objections received in respect of the provision of highway amenities consisting of two tables and four chairsat Smile and so far as this relates to the renewal (or otherwise) of a previous amenity permission granted to the premises.

RECOMMENDED that the committee determine the application.

The chair agreed to hear this item first.

The Principal Licensing Officer introduced the report.

The officers who submitted representations were not available to attend the meeting.

In response to questions from the applicant's solicitor, the Licensing Assistant explained that:

·         For a renewal of an amenities licence letters are sent to ward councillors, relevant council officers, the fire service and police service for comment giving them two weeks to respond. 

·         It is not known if the two council officers who submitted representations visited the site but they are familiar with the location.

·         The measurements were taken by the Principal Licensing Officer.

There were no further questions for the Licensing Officer.

Graeme Quar, Solicitor circulated photos of the amenities outside LouLous and this premises, a map of the area, extracts of council policies and the owner's insurance certificate.  He then included the following points in his representation:

·         The photos show that the menus were securely attached to the wall and would not fall on pedestrians.

·         The distance between the kerb and the pillar is 1.2m and from the kerb to the front of the table is 1.53m.  The table overhangs by about 5-7cm.

·         There are no lampposts in front of the premises.

·         There have been two outside tables and four chairs for nine years and no incidents, accidents or complaints.

·         The council encourages this type of business as is shown in its policies.

·         The café closes at 3.30 so there is no issue with illumination.

·         The rush hour is over by the time the café opens at 9am and restarts after it closes.

·         The government's guidance states that a parent and pushchair requires 1.5m and an adult and child 1.2m.  There is therefore sufficient pavement width outside the premises.

·         The amenities make a positive contribution to the street scene and are important to both the success of the business and Southsea town centre.

·         The amenities do not cause an unreasonable obstruction.

·         The applicant would be happy to accept any of the standard conditions the panel might impose.

In response to questions from members, he explained that:

·         Staff ask customers to keep any bags close to them so as not to obstruct the highway. 

·         If someone with a pushchair or wheelchair sits at an outside table, the other chair is removed.

In response to questions from the council's Access & Equalities Officer, Sheena Heath, joint owner explained that:

·         The tables and chairs are a vibrant colour and are no more of a hazard than the lamppost.

·         Staff check that customers comply with requests to move their bags closer to them.

·         It is rare that someone stops to talk to a customer who is sitting at an outside table as shown in the photo on pages 75-77 of the report.

In summing up, the Principal Licensing Officer reminded members that their decision is final; the applicant has no right of appeal.

In summing up, Mr Quar asked the panel to note that the café Lou Lous which is close to this premises was  ...  view the full minutes text for item 35.