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:           
Stall – E2A to be positioned in the area
of Bedfont Lane, Feltham TW14
 
TO:
            
Mr Naim Matlija (“the
Applicant”)
  
TAKE NOTICE THAT
following a hearing before the Licensing and General
Purposes Sub-Committee (“the Licensing Panel” or
“Panel”)
 
ON 13 February
2024 the London Borough of
Hounslow, as the relevant Licensing
Authority
 
 
RESOLVED:  That the application for
the grant of a temporary street trading licence for the applicant
to place a stall on the public highway in the area of Bedfont Lane,
Feltham TW14 is GRANTED subject to the Council’s
standard Pre-Licensing Conditions as set out in Appendix ii of the
Council’s Street Trading Policy and the Council’s
standard Street Trading Conditions as set out in Appendix iii of
the Council’s Street Trading Policy and to the additional
conditions set out below.          
 
REASONS:
 

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 (the “Act”) in respect of an
application to place a stall on the public highway in the area
highlighted on Bedfont Lane, Feltham TW14.  
 

2.       
The applicant proposed to sell paninis, sandwiches,
lattes and cappuccinos on the following days and times:
 
·      
Monday to Friday 07:00 to 16:00
·      
Saturday 08:00 to 14:00
 

3.       
A full copy of the application with detailed maps
and photos of proposed locations is shown as Appendix
C. 
 

4.       
The Licensing Panel carefully considered all the
relevant information including:
 
-    Written
representations submitted by all the parties
-
   Oral representations made by the
parties during the licensing panel hearing
-    The London Local
Authorities Act 1990 (“the Act”) and the steps
appropriate to promote the Licensing Objectives
-    Hounslow Council
Street Trading Policy (“the Policy”)
-    The Human Rights Act
1998
 

5.       
Following the consultation, the Council received one
representation from other persons concerned with unfair
competition/impact on his businesses as he alleged that the same
will be sold by the applicant.  A copy
of the representation has been attached as Appendix D to the
agenda pack.  The objector was not in
attendance.  Therefore, the panel
members considered the written representations prior to the panel
hearing and during deliberation.
 

6.       
There were no objections to application from the
police and/or from any other responsible authorities.
 

7.       
Mr Naim Matlija attended
the panel hearing with two of his friends who were there to assist
him including translating in his native language where needed. Mr
Matlija explained why he applied for a
temporary street trading licence and what he proposed to sell from
his stall. The applicant assured the panel members that he read
Hounslow Council’s temporary street trading
policy.  The applicant explained that he
has experience of 3 to 4 years of running a food diner but during
covid they had to shut down.  It was a
licensed food premises and that they had chefs working for
them. 
 

8.       
In response the queries raised by the panel members,
the applicant provided a clear map for the area where he proposed
to place his stall and confirmed actual size/dimension of stall,
which was described and referred to as a “Trailer”
throughout the panel hearing.  The
applicant went on to explain that the trailer is like an
old-fashioned vintage with wheels like a cart.  It is quite sturdy and has brakes as such it is
very safe.
 

9.       
When asked, the applicant explained that he will set
up the trailer every morning and take it away at the end of each
day/at the end of trading and that the trailer can be pushed on the
pavement as it is light.  The trailer
will take approximately 15 minutes to set up. The trailer will have
a marque as shelter.  If it rains, the
marque will avoid people getting wet whilst queuing to purchase
food from the trailer.
 

10.   
The applicant explained that he will have battery
and gas power to operate the coffee machine and that the trailer
has a sink and so he will have water on site for
washing.  As the trailer is small, the
applicant will not mains power installed.
 

11.   
The applicant assured the panel members that the
trailer would be 2.0 metres away from everything including the
trees, manhole, BT box, wall and the
e-bike bay.  Furthermore, the trailer
will not be covering the drainage. The applicant assured the panel
that the trailer will not cause any obstructions.
 

12.   
When asked about waste removal, the applicant
explained that they will have a waste bin with bin liners on site
which he will clear at the end of each day but as the trailer will
provide takeaway service, it is unlikely that they will have much
rubbish.
 

13.   
With regards to planning, the applicant confirmed to
the panel that he has applied for planning and referred to an email
dated 22/01/2024 from Hounslow Council’s Planning Manager
which confirmed that a full planning application will need to be
made if he will have the trailer on the same spot for more than 28
days.  Copies of the communication
passing between the applicant and the planning team are exhibited
as Appendix A and A1 attached to the agenda.
 

14.   
The applicant assured the panel that it is unlikely
that the area will get crowded by them trading and that it is
unlikely that customers will be hanging around after making a
purchase.  In any event, the applicant
and anyone working with him will ensure they tell customers that
they are not allowed to hang around. 
They will remind customers that there are no seating facilities on
site and so unlikely that anyone will be hanging around.
 

15.   
When asked the applicant explained he does not think
his businesses will impact the business of the objector as they are
different.  The objector’s
business hours are different to the applicant’s proposed
hours of trading.  The have seating
outside/inside the premises whereas the applicant will only provide
a takeaway service.  The applicant
explained that the objector sells tea and coffee, but they are
primarily a dessert company.
 
DECISION:
 

16.   
The matter of temporary street trading licences for
a London Local Authority is set out in section 31 of the 1990 Act,
which states that:
 

(1)      
A borough council may if they think fit on the
receipt from any person of an application for that purpose and
accompanied by the appropriate fee grant to that person a temporary
licence.

(1A) A council may grant a temporary licence in any
street, whether or not it is a licensed
street.

(1B) In the case of an application for a temporary
licence which, if granted, would authorise street trading on land
which falls within paragraph (b) in the definition of
“street” in subsection (1) of section 21
(interpretation of Part III) of this Act, the applicant shall
provide evidence in writing–
(a) that
he has the consent to trade on the land from the owner of the land
in question; or
(b) that
he is the owner of the land in question.
 

(1C)An application for a temporary licence shall not
be granted, if the licence would authorise street trading on land
which falls within the said paragraph (b), unless the applicant has
provided sufficient evidence, as is mentioned in subsection (2A) of
section 25 (application for street trading licence) of this Act, to
satisfy the council.
…..
 

(2)    A temporary
licence shall be valid only for the day or period specified in the
licence and–
(a) shall
be in the like form as a street trading licence with such
modifications therein as the circumstances require; and
(b) shall
prescribe such conditions as the borough council deem
appropriate.
                
……
 

17.   
Section 21(1) of the 1990 Act defines
“street” and “street trading” as
follows:
 
“street” includes–
(a) any
road or footway;
(b) any
other area, not being within permanently enclosed premises, within
7 metres of any road or footway to which the public obtain access
without payment–
(i) whether or not they need the
consent of the owner or occupier; and
(ii) if
they do, whether or not they have obtained it;
(c) any
part of such road, footway or area;
(d) any
part of any housing development provided or maintained by a local
authority under Part II of the Housing Act 1985 (c. 68);
 

18.   
Therefore, the legislation provides the Local
Authority a measure of discretion when deciding whether to issue a
temporary street trading licence.  
Furthermore, its 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.
 

19.   
The panel members considered the applicant’s
submissions and concerns raised by the objector.  The panel considered how much weight, if any, each
submission had to be given and which submission, if any, to
reject.
 

20.   
The panel considered that competition in the area is
not a question, and the local licensing authority cannot be seen to
be favouring one business over another. 
The panel considered whether there will be competition and was
satisfied that it will not because the business opposite the
trailer specialises in selling desserts.
 

21.   
The panel also considered that the proposed position
of the trailer and if it would cause any obstruction. The panel
noted that the applicant will be selling hot and cold food from the
trailer and that it had adequate facilities for washing and waste
removal arrangement.  
 

22.   
Taking all matters in to account the panel therefore
decided to GRANT the temporary street trading licence for
the stall (trailer) to be positioned on the public highway
in the area of Bedfont Lane, Feltham
TW14.
 

23.   
The temporary street trading licence application is
granted subject to the Council’s standard Pre-Licensing
Conditions as set out in Appendix ii of the Council’s Street
Trading Policy and the Council’s standard Street Trading
Conditions as set out in Appendix iii of the Council’s Street
Trading Policy.  and to the additional
conditions set out below:
 
(a) 
the marque must be 3x3 metres
to avoid obstructions;
(b) 
the applicant that he cannot obscure the manhole
cabling hole, the e-bike areas, the trees, and drainage;
and
(c) 
All areas need to be clear including bins/rubbish at
the end of each trading day.
 

24.   
When announcing the decision, the panel reminded the
applicant that the licence will be valid for 6 months.
 

25.   
The panel wanted to express that they are supportive
of this application because the Applicant is encouraging business
to be innovative and to bring more people to the borough. Concerns
about increase of littering is speculative and the panel is aware
that there is already an existing littering problem in the
area.
 

RIGHT OF APPEAL:
 

26.   
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.