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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.