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.