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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
 

SITE:           
Within a private car park at New Way International Ltd, Britannia
House, Pier Road, Feltham, TW14 0TW
 
TO:
            
SUNRISE BALAJI FOODS LTD (“the
Applicant”)
  
TAKE NOTICE THAT
following a hearing before the Licensing and General
Purposes Sub-Committee (“the Licensing Panel” or
“Panel”)
 
ON 2 October 2024
the London Borough of Hounslow, as the relevant Licensing Authority
 
RESOLVED:  That the application for
a Temporary Street Trading Licence for a trailer within a private
car park at New Way International Ltd, Britannia House, Pier Road,
Feltham, TW14 0TW was REFUSED.
 
 
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 for a street trading pitch within a private car park at
New Way International Ltd, Britannia House, Pier Road, Feltham,
TW14 0TW (the “Site”). The
name of the pitch/shop front proposed was Balaji’s Food
Magic. A full copy of the application is shown as Appendix B
which includes information and photos of the trailer/food truck and
location. Further information is contained in a letter at
Appendix A, said to be a letter of authority to use the
private car park from the landowner (“the
Landowner”).
 

2.       
The application sought to authorise the Applicant to
run a food truck within a private car park with the applicant
proposing to sell Indian food and snacks. The proposed trading
times sought in the application were Monday to Friday only between
9am to 7pm each of those days.
 

3.       
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 as amended (“the
Act”)
-    Hounslow
Council’s Street Trading Policy (“the
Policy”)
-    The Human Rights Act
1998
 

4.       
Following the consultation the Council received one
representation (“the Objector”) against the
application stating that they were concerned by the
suggested location of the trailer/food truck with it being close to
the entrance/exit of the car park. The Objector was concerned by
the potential risk of accidents with people queuing/waiting near
the trailer/food truck and the said constant vehicle activity and
limited space. A copy of the Objector’s representation is
shown at Appendix C.
 

5.       
The Applicant corresponded with the Objector stating
that they could explore the use of an alternative location. The
Applicant also stated that they were flexible in timing
arrangements and would look to implement clear signage and a system
to manage the queue. A further response from the Objector suggested
they could position the trailer/food truck in the forecourt in
front of the building and highlighted the limited
space/measurements of the width of the gates and stating that the
week prior a truck had trouble reversing and hit the gates. The
Applicant further responded to state that he would happily look
into this and would talk with the Landowner. A copy of the
correspondence exchange is shown at Appendix D.
 

6.       
Mr Ashok Kumar of the Applicant was in attendance.
The Objector did not attend.
 

7.       
In response to queries raised by the Panel, the
Applicant explained that he was applying for a Temporary Street
Trading Licence to sell Asian foods and snacks such as samosas,
spring rolls and possibly sandwiches. All food was prepared/half
cooked off site and then cooked on site in the trailer, often
referred to as a “Food Truck” throughout the panel
hearing. The Food Truck proposed to fry food or use a microwave,
oven and/or grill and whilst the Food Truck had gas facilities, the
Applicant was proposing to use a generator for electricity
use.
 

8.       
When asked the Applicant explained that the Food
Truck could be towed by either a car or van but that the Food Truck
would otherwise remain on site permanently. The Applicant confirmed
the trailer would fit within two parking spaces said to have been
given authority for but that in any case, the Landowner would be
happy to adjust accordingly.
 

9.       
The Panel were concerned by the Objector’s
comments and queried the measurements of the Food Truck and the
space available where it was proposed to stand. In particular the
Panel queried the depth of the Food Truck when the front
opening/service hatch as shown on page 19 of the Agenda was opened
out. Whilst the Applicant stated it was approximately a further 3ft
with the service hatch opened out, he could not confirm the further
query as to whether this overhung to protrude into the path of
vehicles coming and going from the car park. It was also
established that the measurements provided in the Application were
the wrong way around with the correct measurements being 5m in
width by 3.25m in depth.
 

10.   
In further questioning, it was apparent that whilst
the Applicant had visited the site and said to have worked in the
area previously, he did not have the exact measurements as to how
much space the Food Truck would take up and how much space would be
left immediately around the Food Truck, if any. The Panel were also
concerned about where people would stand/wait for their food and
the risk from cars and/or trucks coming and going from the car
park. In addition, the proposed location appeared to show a
door/shutter being obstructed by the Food Truck if placed in the
suggested location. The Applicant was unable to confirm whether
this was a fire exit or what the door/shutter was used
for.
 

11.   
In reference to the correspondence between the
Objector and the Applicant, the Panel asked about the site
location. The Applicant confirmed that the car park was shared
between two warehouses and that there were further businesses at
the back of the car park. Although it was pointed out to the
Applicant that the Objector made reference to a 40ft sea container
on a truck reversing to access the warehouse, the Applicant stated
that trucks were not permitted to enter the car park. Whilst the
Panel took on board the Applicant’s comments, they were
concerned that from the photos provided there was no signs to
confirm this restriction and that trucks could otherwise enter the
car park even if not intending to.
 

12.   
The Panel further noted that the Applicant had
failed to provide a map with the application in accordance with
paragraph 4.19 of the Policy, showing the information required by
the Policy, in addition to the exact location of the trading area,
to show the location of any obstacles such as bus stops, street
furniture, etc and all streets and public areas within a radius of
200 metres from the proposed location of the street trading site.
The plan attached to the application did not comply with this
requirement and only showed a sketch of the car park and the
proposed Food Truck location. 
 

13.   
Under the Policy, the Panel will consider factors such as public
safety, prevention of crime and disorder, the prevention of public
nuisance, the appearance and suitability of the stall or vehicle,
the needs of the area, environmental credentials, food traders,
highway and any history of the Applicant. The Panel were
accordingly concerned about public safety and the prevention of
public nuisance from people queuing and waiting at the Food Truck
and possibly in the path of vehicles entering and exiting the car
park. It was noted that paragraph 38 of the
Council’s Street Trading Conditions that would be imposed on
a Temporary Street Trading Licence requires the holder not to cause
any obstruction of the street or danger to persons using it, and
the holder should not permit persons to gather around him or any
other vehicle so as to cause a nuisance, annoyance or danger to any
persons lawfully using the street. Whilst the Food Truck was
proposed within a private car park, given the lack of map and data,
the Panel could not be sure that issues could not spill out from
the car park onto the public street/highway. The Panel considered
that there was a potential to cause an obstruction and the
potential to cause nuisance or annoyance by people by gathering
around the Food Truck. 
 

14.   
Section 31(1B) of the Act, together with the
Policy’s pre-licensing conditions both require applicants for
a Street Trading Licence to provide evidence in writing that they
are either the owner of the land in question or that they have
consent to trade on the land from the owner of the land in
question. The Panel were aware of the authority provided at
Appendix A of the Agenda, however, they also noted that this only
provided authority to park two vehicles on the site. There was also
no confirmation to show the company was indeed the freeholder and
that further consent was not required from the neighbouring
warehouse with which the car park was shared. The Panel were
therefore of the opinion that the information accompanying the
authority provided by the Landowner was insufficient. 
 

15.   
Furthermore, the lack of a map or plan accompanying
the application showing the locality of the proposed location as
required by the Policy did not clarify whether consent of the
Council would also be required. Given that the proposed site
was at the entrance/exit of the private car park, it could
potentially affect traffic using public roads that cross/enter the
proposed Site, such approval could therefore be required and the
failure to obtain such consent would mean that the prerequisite
conditions for any temporary street trading application had not
been fulfilled. As set out in Section 3.4 of the Policy, activities
which require an authorisation from the Council include
“trading activities on private land adjacent to a street
to which the public have access e.g. burger van in pub car park,
flower seller outside cemetery, phone accessories outside
grocers;”
 

16.   
The main issue identified by the Objector and the
Panel appeared to be around the location of the proposed Food Truck
and the risks to Public Safety resulting from this. The Applicant
acknowledged that the information provided was limited and was
willing to reconsider his application to provide further
information.   
 
DECISION:
 

17.   
The matter of Temporary Street Trading Licences for
a London Local Authority is set out in section 31 of the 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.
…
 

18.   
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);
 

“street trading” means subject to
subsection (2) below the selling or exposing or the offering for
sale of any article (including a living thing) or the offering to
supply any service in a street for gain or reward;
 
In
addition “temporary licence” means a licence granted
under this Part of this Act valid for a single day or for such
period as may be specified not exceeding six months.
 

Therefore,
the Act 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. There was no suggestion of issue regarding the
needs of the area, however the Panel were concerned by the proposed
location of the Food Truck. As highlighted in the Policy under the
Public Safety consideration, the Council will consider
“whether the street trading activity represents, or is
likely to represent, a substantial risk to the public from the
point of view of obstruction, fire hazard, unhygienic conditions or
danger that may occur when a trader is accessing the
site.”

 

20.   
In addition, the Policy also states at Section
2.10:
 
“Hounslow Council may refuse an application under the
Act
(Discretionary grounds for refusing an application)
if
 

(a) 
The location at which the applicant wishes to
trade as a stationary trader is unsuitable;

(b) 
The space in the designated street in which the
applicant wishes to trade as stationary trader is inadequate for
the applicant to do so without causing undue interference or
inconvenience to persons or vehicles using the
street;

(c) 
The area or areas of the district in which the
applicant wishes to trade as a mobile trader are unsuitable for the
applicant to do so without causing undue interference or
inconvenience to persons or vehicles in the area or
areas;
 
         
…
 

(j)   
That the applicant has failed to provide the
particulars required by the council to deal with the
application;”
 
 
21.The Panel also noted the
following points from the Policy which were relevant to this
Application.  
 
Section 2.11 of the Policy states what without prejudice to its
right to take account of any relevant consideration in determining
the suitability of each Street Trading Licence, the Council will
take into account a list of issues, including the “safety
of the public and any risks which may arise” and the
“appropriateness and suitability of the street or part
thereof and commodities in relation to the
location.”
 
         
…
 
         
4.9 Applications for Temporary Licences will be considered in
respect of any suitable      place, subject to compliance
with the pre licensing and licensing conditions.”
 

22.   
Taking all matters into account the Panel decided to
REFUSE the Temporary Street Trading Licence
application.  The Applicant had failed
to provide a map as part of the prerequisite requirements of the
Application and failed to provide sufficient detail and responses
to the Panel’s concerns around the size, measurements and
location of the proposed Food Truck and how that could affect the
risk to members of the public attending the Food Truck or otherwise
passing by the Site. Accordingly, the Panel deemed that the
location was not suitable and although the Applicant only proposed
to operate initially for a period of 3-4 months, there was a
potential risk to public safety. Issues were also identified with
the suggested consent/authority from the Landowner and whether
further authority was required.
 
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.