Published on 17th December 2013
Rotunda Tavern has been prosecuted for not having permission to place tables and chairs on the public highway.
Cheltenham Borough Council wrote to the previous consent holder, Mr Anthony Price, to inform him that his consent had expired, but nonetheless, the premises failed to renew its consent and continued to put their tables and chairs out.
The council made numerous attempts to remind the licence holder of the need to get consent. As well as writing to Mr Price, Licensing Community Protection Officers visited the premises on three separate occasions between June and July this year but unfortunately, despite the reminders, the licence holder still failed to obtain the proper consent.
In finding Mr Price guilty of three offences under the Highways Act, the magistrate took into account the effort made by the council to get Mr Price to comply with the requirement to obtain consent.
Mr Price was fined a total of £1,800 for three offences. The level of fines reflected the fact that Mr Price, despite being given sufficient opportunity to obtain consent, failed to do so.
Councillor Peter Jeffries, Cabinet Member for Housing and Safety, said: “The council wants to promote a ‘cafe culture’ in Cheltenham because of the added life and vitality this brings to the town. But if people want to use tables and chairs they must obtain the proper consent. On this occasion, despite the council’s efforts, the premises did not comply and as a last resort the council had to take enforcement action.”
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