Decision Maker: Licensing Panel

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: January 6, 2025

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:        Healthy Bite Chiswick Limited (the “Applicant”)  SITE:  Positioned on the public highway in front of 253 Chiswick High Road, Chiswick (the “Site”)      TAKE NOTICE THAT following a hearing before the Licensing and General Purposes SubCommittee (“the Licensing Panel” or “Panel”) on 6th January 2025 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 is shown at Appendix A of the Agenda pack, seeks to licence the Site measuring 3m wide and 2m deep, which is located in the area in front of a shop at 253 Chiswick High Road, Chiswick, from which the Applicant intended to sell hot food.  The licence would be to operate from Monday to Sunday between 10:00 hours to 16:00 hours.   3)        Three objections had been received against the application, one of which is from a ward councillor who was concerned regarding food safety and hygiene, there already being sufficient traders in the area (competition on bricks and mortar businesses), the amenity of the area being affected, public safety and nuisance. The other objections are from members of the public, who represent the local businesses, and they are concerned that the grant of a licence is affecting the local business trade, affecting the serenity and amenity of the area, narrowing of the street/ obstructions to the foot path, cleanliness/litter, food hygiene, noise/smell nuisance, parking issues and fire safety concerns due to the use of gas canisters.  The objections are shown in Appendix B.   4)        There were no objections received from any other body, including the Food safety team and the Highways team, Appendix G and H. There were some supporter emails which are shown in Appendix I.   5)        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.   6)        At the hearing the Applicant was present and represented himself.  The Ward Councillor and one of the objectors were present.   7)        The Panel was informed the Applicant has been trading at the site since 2020, having previously been granted temporary street trading licences.  The plan provided by the Applicant showed that a gazebo would be placed on a pavement that has an 8 metre width, which would be used to store, make and serve the food. The Panel was informed that London Borough of Hounslow Food Safety Department had awarded a four-star food safety rating to the site and the Applicant was compliant with all safety aspects. He had evidenced a gas safety certificate, a level 2 certificate in food safety and hygiene for catering and a waste collection contract with Lampton Services. He had addressed the concerns of the objectors at Appendix D.   8)        In relation to the concerns over there already being sufficient traders in the area and the competition on bricks and mortar businesses, the Panel considered all the representations and the location of the stall.  They considered establishments already present and considered the history at the Site itself.   9)        With regards to hygiene, they noted the food safety team had raised no objections and had awarded a four-star rating. They noted the Applicant had a portable sink and used local washroom facilities. As for the food, they used ice packs and had hot grills to monitor temperatures and cook food. They cooked falafels on site. They discarded all food at the end of the day, and none was reused. The equipment had a gas safety certificate. Unreasonable noise and odour nuisance was considered in relation to the Site.   10)    With regards to the width of the pavement area and public safety of the area, the Panel considered the pavement to be broad for a street, at 8 metres and therefore condition 2 of the street trading conditions could be satisfied, as a minimum of 1.8 metres is free for footfall. The Panel considered the impact of customers queuing for food at the Site. They heard evidence of how the stall was set up and taken down. Highways raised no objections.   11)    The Panel looked at the paragraph 2.10 (e) and any adverse effect on the general amenity of the area. They considered the location and the space, including the adjacent tree, bench and cycle path, and regarded accessibility.    12)    With regards to concerns over waste and litter the Panel saw evidence of a waste contractor in place and waste was responsibly being disposed of.   13)    There were concerns regarding parking and vehicle’s mounting the pavement, the panel saw no evidence that illegal parking related to this site.     DECISION:   14)    The Act provides the Council with 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.   15)    In this case the Site is located in front of shops who have not objected to the Applicants’ presence. The footpath is 8 metres wide and the site 2 metres deep, leaving in excess of 5 metres of footpath free. The Panel took into account street trading history at the Site and lack of any official complaints.    16)    Having considered all the representations and all relevant material, the Panel decided to GRANT the application for a temporary street trading licence for the Site as follows:   Monday to Sunday: 10:00 to 16:00    Amendment to standard conditions Condition 48 & 49 of the temporary street trading licence standard conditions is deleted.   17)    The Panel reminded the Applicant that they needed to ensure they are fully compliant with all food safety and hygiene requirements (including all certification, training, qualifications, insurance and waste management requirements are kept up to date), and with all applicable temporary street trading licence standard conditions issued by the licensing authority. Failure to do so could put them in breach of the licensing conditions and subject to enforcement action.   18)    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.