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.