By Carmelo Garcia – Local Democracy Reporter
A “much-loved” community cafe in Cheltenham has had their request to waive street trading fees rejected amid concerns coffee shops are struggling with recent closures.
Tanya Baxter who trades as Tan’s Coffee Box in St Luke’s Road had not been paying fees to Cheltenham Borough Council due to an administrative error.
Her initial street trading permit for the converted horsebox was issued on June 20, 2024. It allows for the sale of food and drink from 9am to 4pm Monday to Saturday.
However, this expired on June 19 and she had submitted a renewal application in April for the licence to be extended for another year.
During this process officers carried out a check to ensure all relevant fees had been paid by her.
But they found that due to an administrative error no invoice subscription had been set up and, as a result, the consent holder had been operating free of charge since the consent was issued in 2024.
She was advised by the council that last year’s fees would be waived due to this error but that she would be expected to pay the £3,298.32 of fees due for the forthcoming year of trading.
This was disputed and they put forward their case at last week’s licensing sub-committee.
Ms Baxter was issued with a temporary consent in the meantime to allow her to continue trading.
Payment was requested, and made, for this temporary consent, according to the council.
Hollie Wakefield, represented Ms Baxter at the licensing hearing at the Municipal Offices on July 2.
She said the small independent coffee business that she runs from a converted horse box outside Saint Luke’s Church.
She said more than 300 people signed a petition supporting her appeal and the cafe is well used by many patients from nearby Chelenham General Hospital.
“We’ve received dozens of heartfelt letters, some of which I’ll read now.
“Tanya has established a business that provides far, far more to the Saint Luke’s community and hospital communities than a typical coffee bank or cafe.
“I’m in deep awe of Tanya’s ability to quietly build a sense of community, effortlessly drawing people together and providing an important space for a very wide range of local residents and visitors.
“If I could use my own experience by way of example, I’ve been coming to manage my elderly parents’ rental property on Saint Luke’s Road following their sudden and significant decline in health.
“Initially I knew no one in the area and was somewhat overwhelmed by the task in hand.
“After no more than three or four visits, stopping off to buy a coffee each time,
“I now feel incredibly supported by the local community and have made valuable links within the community, which has helped me immeasurably in the work I’m doing there.
“I’m now on friendly terms with many of the neighbors and local residents.
“This would not have been possible without Tanya’s amazing ability to facilitate social exchanging connections.”
She also read out other letters saying vulnerable residents received considered and sensitive support from Ms Baxter and her customers.
“It is so heartwarming to bear witness to this, and I feel strongly that this kind of social cohesion is what makes communities special,” she said as she continued to read letters of support.
“It will be an enormous loss to the Saint Luke’s community to have this business fold.
“I’ve also seen hospital patients, carers, and staff find sanctuary in the van. In one case, the patient needed to remain outside for health reasons, and in other cases, staff taking breaks from stressful shifts in a peaceful outdoor space. “
Ms Wakefield told the meeting small businesses make up most of the spa town’s economy.
“We are at the beating heart of it.
“If any one of us were forced to pay disproportionate, inflexible and inconsistent fees, as the licensing team has shown, there will be nothing left.
No character, no diversity, just shuttered shops, vans and empty spaces.
“Tan’s Coffee Box isn’t just a coffee shop, it’s a warm, welcoming and inclusive space built for connection.
“Over the past year, Tanya has served nearly 1,500 customers from NHS workers to elderly neighbors to people going through cancer treatment.
“Some days she’s the only person they speak to. In every sense of the word, it’s a small public service in disguise.
“But now she faces a 3,200 per cent street trading fee.
“More than 20 per cent of her annual revenue before considering overheads, so that’s before she’s considered staffing costs, local supply chain support for bakeries and local coffee groceries, etc.
“That kind of fee would be crippling to any microbusiness.”
She also said Cheltenham’s fees were five times more expensive than those of some neighbouring districts.
“Let’s take Tewkesbury, for example, for the same licensing fee, it’s £864, for Stroud, £1320 pounds for Cotswolds, £869 pounds, and for the Forest, £997.
“The report warns of setting a precedent, but I would argue a precedent’s already being set. In the last two weeks alone, three local independent businesses have had to close down.
“More practical action must be taken to intervene and support the survival of local independent businesses.”
Chairman Simon Wheeler (LD, Hesters Way) said there are a lot of businesses which add to the richness and health of any town.
He said most businesses such as shops have to pay rates and street traders pay fees.
“What I want to know is what, in specific, would make you different from simply a business that is here for profit that you feel you should have some form of exemption in part or in full from paying fees?”
Ms Wakefield said the coffee box was unique and they take the time to understand what their customers are going through and what their challenges are.
She said Ms Baxter’s only form of income and would love to put any further profit back into serving the community with hot meals for vulnerable people.
“Unfortunately, Tan also has personal bills to pay. Just this week, I received the claimant count rates for Gloucestershire.
“Cheltenham is the second highest. Would you want Tan to be another one of those claimants?”
Cllr Wheeler said he was sure businesses like Tan’s Coffee Box do add a lot to the community more than the likes of Starbucks.
“But then again, they do have to pay business rates, which are a lot more,” he said.
The committee voted unanimously to reject the bid. They said the published street trade and consent fee does apply.
“The reasons being the subcommittee thinks the business is a wonderful addition to the Saint Luke’s community and does a great job, as do other businesses,” the council’s solicitor said.
“That does not give rise to an exemption. There is no evidence before the committee and following questions asked of the applicant this evening, that any exemption should be given.
“The business is a for profit business. It is like any other business in the town, and therefore there was no basis for the subcommittee to deviate from the council’s position.
“The fees still have to be paid and there is no reason to deviate from the fees set by the council, which is set on a cost recovery basis, including the duration, location, and articles being sold.
“The subcommittee are not responsible for setting the fees that rests with cabinet. Street trade and consent fees are payable by all applicable traders in the borough.
“It is advertised as a requirement on the council’s website prior to an application being made.
“There was an error made last year and as a result, the fees were waived for the first year of business, but these are now falling due.”
The meeting also heard that the council had made other administrative errors had been made by the licensing team.