Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: December 3, 2024

Purpose:

Content: Notification of decision following a Licensing Panel hearing to determine an application for a temporary street trading licence pursuant to the London Local Authorities Act 1990, as amended:   TO:               Din Mohammad Patwary (the “Applicant”)   SITE:            To be positioned in front of 60 Kew Bridge Road, Brentford TW8 0EW (the “Site”)      TAKE NOTICE THAT following a hearing before the Licensing and General Purposes Sub-Committee (“the Licensing Panel” or “Panel”) on 3rd December 2024 the London Borough of Hounslow, as the relevant Licensing Authority, RESOLVED as follows:     1)        The Licensing Panel convened in person to determine an application for the grant of a temporary street trading licence made pursuant to section 31 of the London Local Authorities Act 1990, as amended (the “Act”).   2)        The application, which was shown at Appendix A of the Agenda pack, sought to licence the Site measuring 4.5m wide and 2.7m deep, located in the area in front of a shop at 60 Kew Bridge Road, Brentford TW8 0EW, from which the Applicant intended to sell hot food.  The licence was to operate from Monday to Saturday between 11:00 hours to 20:00 hours and on Sunday from 12:00 hours to 18:00 hours.   3)        Two objections were received against the application, one of which was from Hounslow Highways who were concerned the licence would result in the public highway being restricted to 1.2 meters width and therefore not leave enough room for pedestrians.  The other objection was from Brentford Football Club, whose stadium is located nearby, they were concerned that the grant of a licence will cause congestion on the pavement around the Site, especially on match days, which would cause issues as the Site is located opposite a bus stop and could potentially push pedestrians into the road if queues were not managed correctly.  They also raised a concern over food hygiene.  The objections were shown in Appendix B.   4)        The Licensing Panel carefully considered all the relevant information including:   -    Written and oral representations submitted by all the parties -    Oral representations made by the parties during the licensing Panel hearing -    The London Local Authorities Act 1990 as amended (“the Act”) -    Hounslow Council’s Street Trading Policy (“the Policy”) -    The Human Rights Act 1998   5)        At the hearing the Applicant was accompanied and represented by his son, Mohammad Samiul Patwary, who would be the one managing and operating the Site.  Neither of the objectors were present.   6)        The Panel was informed the Applicant was seeking this licence to sell a limited selection of food to bring in additional income.  The Applicant owned the shop at 60 Kew Bridge Road, Brentford, including the forecourt area on which the proposed Site was located and therefore the Site would not be on the pavement area. The plans provided by the Applicant show that a gazebo would be placed on one side of the Site, which would be used to store and serve the food, and the other part of the Site would be a space where customers can queue.  The Applicant’s son explained that the proposed process would be that customers queue up to select the food that they wished to buy, after which they would go inside the shop to pay for the food and then collect the food after payment has been made.  The application did not include any area for customers to sit and eat and when asked where customers would wait if the food was not ready for them to collect after payment, the Panel was informed that they could set aside an area inside the shop if necessary.   7)        In relation to the concerns over the potential for congestion on the pavement on match days, the Panel was informed that the Applicant would arrange to manage the queue to ensure the flow of pedestrians on the pavement would not be interfered with.  At present the Applicant and his family run the shop but if they are granted the licence, and especially on match days, they would consider bringing in additional people.   8)        With regard to hygiene, as the Applicant owned the shop they would be able to use the cleaning facilities there. As for the food, they were not intending to cook any food on the Site and this would be prepared in the shop and brought out to the Site where it would be kept warm in chafing dishes.  Therefore, the Applicant would not be using gas or electricity at the Site or doing any cooking there.   9)        With regard to the width of the adjacent pavement area, the Applicant believed this was over 1.8 metres.      DECISION:   10)     The Act provides the Council with a measure of discretion when deciding whether to issue a temporary street trading licence and the Council’s Street Trading Policy provides for all applications to consider various issues as set out therein, which include consideration of public safety, prevention of crime and disorder, prevention of public nuisance, the appearance and suitability of the stall/vehicle and environmental credentials.  The Policy also requires applications to consider the needs of the area, this being the demand for the articles for sale and the geographical location of the proposed Site.   11)     In this case the Site is located in front of the Applicant's shop and on the Applicant’s own land and therefore would not encroach onto the adjacent pavement area. The Panel noted the Applicant’s queue management plans, which was also on the Applicant’s land, and that payment for the food would take place inside the shop and therefore away from the public highway.   12)     According to the plans accompanying the application, the total area of the Applicant’s land in front of the shop measured over 15 feet wide and 9 feet deep, which was equivalent to the 4.5m x 2.7m space requested in the application.  The Applicant's plans included two options using different sizes of gazebo on the Site, with option 1 using a gazebo measuring 6 feet wide x 2.6 feet deep, and option 2 using a gazebo measuring 4 feet 11 inches wide x 4 feet 11 inches deep. Whilst both sizes of gazebo would fit within the forecourt of the Applicant’s property, the Panel noted the potential for congestion and need for good queue management on match days and therefore to minimise the risk of the Site interfering with the public using the public highway, the Panel recommended to the Applicant that option 2, with the smaller gazebo measuring 4 foot 11 square, was preferred.   13)     With regard to the temporary street trading licence standard conditions that would apply if a licence was granted, the Panel understood that the Council no longer issued ID passes to stall holders and therefore if a licence was granted condition 48 of those conditions would need to be removed.   14)     Having considered all the representations and all relevant material, the Panel therefore decided to GRANT the application for a temporary street trading licence for the Site as follows:   Monday to Saturday:   11:00 to 20:00 Sunday:                       12:00 to 18:00   Amendment to standard conditions Condition 48 of the temporary street trading licence standard conditions is deleted.   15)     The Panel reminded the Applicant and his son that they need to ensure they are fully in compliance with all applicable temporary street trading licence standard conditions issued by the licensing authority as well as any food safety requirements before they start trading.  This included ensuring all certification, training, qualifications, insurance and waste management requirements were met. Failure to do so could put them in breach of the licensing conditions and subject to enforcement action.   There is no right of appeal by any party in relation to the determination in respect of a temporary street trading application.  The decision of the Panel is therefore final.