The Licensing Sub-Committee of Kingston upon Thames Council met on Tuesday 27 January 2026 to consider an application for a permanent street trading licence for Vesuvio on the Road . The committee granted the application with amended hours and additional conditions, including restrictions on trading during religious services and funerals.

Application for a Permanent Street Trading Licence: Vesuvio on the Road

The committee considered an application from Vincenzo Rea for a permanent 12-month street trading licence for Vesuvio on the Road . The application sought to allow the sale of hot and cold food, specifically pizza, from a trailer located in two parking spaces outside St. Pius X Church, The Triangle, Kingston upon Thames, KT1 3RU. The proposed trading hours were Tuesday to Saturday, from 5:00 PM to 10:00 PM, commencing on 2 February 2026, when the existing temporary licence was due to expire.

The Licensing Officer presented the report, outlining that the application had been advertised, and statutory consultees, including the Highways team, had been consulted. One representation was received from the Highways Officer, who could not support the application due to concerns about parking capacity. Twenty-two representations were received from other persons, citing issues such as parking, noise, accessibility, smells, litter, pollution, congestion, road safety, and the suitability of trading near a church during services.

The applicant, Vincenzo Rea, and his wife, Alessandra Paloma, addressed the committee, stating they respected the local community and the church. They highlighted that they had been trading responsibly during evenings and had invested in a battery system to replace their generator following noise concerns. They also addressed issues of anti-social behaviour, litter, and parking, explaining their need for two parking spaces to ensure safe access to their van. They confirmed their commitment to not trading on Holy Days of Obligation and to providing seven days' notice for funerals.

Several objectors, including representatives from St. Pius X Church and local residents, presented their concerns. Key objections included:

• Location Suitability: The proximity to the church was deemed inappropriate and disrespectful, particularly during services, funerals, and weddings. Concerns were raised about noise, smells, and the general atmosphere being unsuitable for a place of worship.
• Parking and Accessibility: The two parking spaces were considered essential for churchgoers, including the elderly and disabled, and for local businesses. The loss of these spaces was seen as detrimental to accessibility and would displace vehicles into surrounding streets.
• Highway Safety and Congestion: The operation of the van was expected to cause obstruction, congestion, and reduced visibility, posing risks to pedestrians and traffic, especially during busy periods.
• Air Pollution: Concerns were raised about the emissions from the wood-fired pizza oven and their potential impact on public health, contradicting the council's Air Quality Action Plan.
• Compliance and Enforcement: Some objectors cited instances of the van arriving early and private vehicles being used to reserve parking spaces, suggesting a lack of adherence to licence conditions.
• Impact on Local Businesses: The presence of a mobile trader with lower overheads was seen as creating an uneven playing field for established local food businesses.
• Community Relations: Tensions between the traders and some residents were highlighted, including an incident involving a report to the police.

Councillor James Giles, who chaired the initial sub-committee that granted the temporary licence, spoke in support of the application, noting no increase in litter or anti-social behaviour during the six-month temporary period. He expressed reservations about extending the hours to an earlier start time due to parking implications but supported the inclusion of Saturday trading.

James Batten suggested that a permanent licence was premature after only six months of operation and proposed a further six-month temporary licence for a full year's assessment. However, the Licensing Officer clarified that the committee could only grant, refuse, or grant with conditions, not for a shorter period than applied for.

Wendy Wentworth highlighted the difference in attendance between a Tuesday prayer group and a Saturday evening mass, suggesting that Saturday trading would have a greater impact on the church.

Cathy Roberts reiterated concerns about the location's suitability, the impact of new residential developments, and the potential for precedent-setting.

Mr. Neil Zolotkiewicz suggested an alternative location for the van, a larger parking area at the side of the church, which he believed would be more suitable.

In their closing statements, objectors reiterated their concerns about the location, parking, and impact on the church and community. The applicant maintained their position, addressing concerns about harassment and the church's use of its hall for private parties.

Decision:

The Licensing Sub-Committee decided to GRANT the application for a Permanent 12-month Street Trading Licence, subject to conditions and amended hours.

• Hours: Tuesday to Saturday, from 5:30 PM to 10:00 PM.
• Conditions:
  • The licence must be displayed prominently and produced on request.
  • Trading is only permitted at the specified location, days, and times.
  • Public liability insurance cover of £5,000,000 must be maintained.
  • The licence holder is responsible for the conduct, cleanliness, litter, and safety of the licensed area.
  • Proper arrangements for refuse and litter storage and removal must be made.
  • No disturbance, nuisance, or undue interference to persons using the street or annoyance to businesses or residents.
  • Trading must not pose a risk to safety.
  • Sufficient space must be available, and trading must not cause obstruction to pedestrians or traffic.
  • The public highway must not be interfered with, changed, damaged, or altered.
  • All electrical and mechanical equipment must be installed and operated in accordance with the Health & Safety at Work etc. Act 1974, with safety certification potentially required.
  • All goods and equipment must be removed from the highway at the end of permitted hours unless written exemption is given.
  • Compliance with directions from authorised officers, police, or emergency services is required.
  • The licence holder shall indemnify the Council against any claims arising from the grant of the licence.
  • Commodities must be purchased from authorised wholesalers with itemised VAT receipts.
  • Food business operators must comply with Regulation EC No. 852/2004 on food hygiene standards.
• Additional Conditions Imposed by the Sub-Committee:
  • No trading on Catholic Holy Days of Obligation that fall on a weekday, as stipulated by the liturgy office website for the Catholic Church of England and Wales.
  • No trading when a funeral is taking place, with seven days' notice required from the Church. If longer notice is not possible for an evening vigil before a funeral, as much notice as possible should be given.

The committee noted that while they understood the concerns regarding the location near the church, they were constrained by Section 25 of the London Local Authorities Act 1990, which did not allow for specific consideration of a place of worship in this context. They also noted that concerns about air pollution were not grounds for refusal under Section 25. The committee acknowledged that objectors did not have a statutory right of appeal against the decision to grant a licence, but could pursue a Judicial Review.