Decision Maker: Licensing Panel

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: June 25, 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   SITE:            To be positioned on the pavement junction with Thames Road and Brooks Lane, Chiswick, W4 3RE   TO:              Michele Detomaso Non-Solo Gelato (“the Applicant”)    TAKE NOTICE THAT following a hearing before the Licensing and General Purposes Sub-Committee (“the Licensing Panel” or “Panel”)   ON 25 June 2025 the London Borough of Hounslow, as the relevant Licensing Authority     RESOLVED as follows:   1)         The Licensing Panel convened to determine an application in respect of 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, shown at Appendix A of the Agenda pack, was for a temporary street trading licence. The applicant was to place a bike on the public highway in the area as highlighted in the plan. The Applicant wished to sell ice cream from Monday to Friday between 15:00 to 18:00.   3)         The hearing was in person. The Panel consisted of three members. All members of the Licensing Panel were in attendance throughout the hearing, and during deliberation, which took place separately in a closed session.    4)         The Applicant had been operating for 11 years in the ice cream trade and had been at this location for four years with the ice cream bike, through a series of temporary street trading licences, and the application sought to continue the existing temporary licence held by the Applicant.   5)         During the consultation process, the Licensing Authority received 18 representations from local residents and one from a councillor. These generally were concerned with the location of the bike and its proximity to the local primary school, and the pressure faced by parents when collecting their children when addressing children’s demands for ice cream, as well as concerns with maintaining healthy eating habits for their children.  Representations from parents of neurodiverse children addressed the additional difficulties parents faced when refusing their child an ice cream. The full representations were attached at Appendix B.   6)         There were representations made at the hearing by the Applicant and one parent who also attended and made representations. The comments and representations from the parent related to the challenges she faces, trying to get her daughter, who is autistic, past the ice cream bike, on a daily basis.      7)         In making its decision, 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   8)         As mentioned above in paragraph 6, Michele Detomaso was present as the Applicant. A parent from the school was also in attendance and made representations.   9)         The Panel was informed by the Applicant that he operated the ice cream bike Monday to Friday between 15:00 and 18:00. The Applicant said his ice cream was popular with the school and the locals and that he had a good relationship with the locals. The Applicant said the parents had a choice whether to buy the ice cream.   10)     The Applicant informed the Panel that he would be selling the business in September and would take on more of a background role, mainly on the administrative side of the business. The Panel pointed out that if his application for a temporary licence were to be granted, it would be for a shorter duration to allow further variations to be considered relating to the new licence holder.  The Applicant said he understood that only the licence holder was able to trade and accepted that he had not added the new buyers as employees and acknowledged that, if granted, the temporary licence would be for a shorter period to allow for any further variations to be made.    11)     The Panel asked how many customers the Applicant served daily and was told between 180 and 200, more on a Friday. The Applicant added that the busy period was between 15:20 and 15:40. It then calmed down and got busy again once the after-school clubs concluded. The Applicant said he had considered moving to another location, but concluded this was the safest location to avoid the river and traffic.   12)     The parent in attendance said in her representations that she wanted the ice cream bike to move slightly down the road. She was concerned about the vast number of children with special needs who had a meltdown every time they saw the ice cream bike and were told by their parents they couldn’t have an ice cream. The parent said that if she bought ice cream once, her daughter would think she would get an ice cream every day, and she was not able to understand why she couldn’t have one all the time.  This could trigger her daughter’s behaviour, resulting in kicking, screaming, throwing herself onto the floor, head banging, and running away. The parent added that she was unable to take the other route because it would disrupt her daughter’s routine, and routine was very important due to her condition.     DECISION:   13)     The Act provides the Council with a measure of discretion when deciding whether to issue a temporary street trading licence and the 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.   14)     Having considered all the written and oral representations by all parties, the Panel was of the view that the Applicant appeared to be operating the ice cream bike stall in a satisfactory manner. The ice cream stall specialises in ice cream and therefore had limited overlap with any nearby shops.    15)     The Panel has considered that the Applicant said he was in the process of selling the ice cream bike stall in September.   16)     The Panel therefore decided to GRANT the application for a temporary street trading licence for 18 weeks to 31 October 2025 to allow the ice cream bike stall to operate daily between the hours of 15:00 and 18:00 on the pavement junction between Thames Road and Brooks Lane, Chiswick, W4 3RE   17)     The ice cream bike stall was to operate from the location shown in the plan to the Application, namely the area on the pavement, at the junction of Thames Road and Brooks Lane, Chiswick, W4 3RE     Conditions Attached by the licensing Sub-Committee:   18)       The licensed area was to be 1.10 meters in depth by 2 meters in width.   19)       A minimum unobstructed footpath width of 1.8 meters had to be left clear and available and free from obstruction to allow safe and convenient pedestrian movement.     London Borough of Hounslow Street trading Policy   20)     The Panel understands that the Council no longer issues ID passes to market or stall holders and therefore condition 48 of the standard temporary street trading licence conditions in the Policy is deleted.   21)     With the Policy geared towards individual stalls rather than to a market, the Panel has also decided to amend conditions 64, 65 and 68 of the standard temporary street conditions in the Policy so that they now read as follows:   64. The Licence Holder must be the principal operator and have day to day control of the market. The Licence Holder may employ any other person to assist in operating the market and shall notify the Head of Business Regulation/Licensing Manager of the name and address of that person.   65. Anyone who operates a stall/vehicle must be approved by the Licence Holder and must operate within the Licence Holder’s terms of business or be authorised by the Head of Business Regulation/Licensing Manager.   68. The Licence Holder must be the principal operator of the market and must be physically present at that market the majority of the time. Occasional help is permissible with prior approval of the Licensing Manager or head of Business Regulation.   22)     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.