Decision Maker: Licensing Panel

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: July 28, 2025

Purpose:

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:    Y.M.F.G GROUP LTD (the “Applicant”) Company No. 16182770   SITE:Between Halifax and Next, High Street, Hounslow, TW3 1HB (the “Site”)     TAKE NOTICE THAT following a hearing before the Licensing and General Purposes Sub-Committee (“the Licensing Panel” or “Panel”) on 28th July 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 was shown at page 9 of the Agenda pack, originally sought to licence the Site measuring 9 metres in depth and 4 metres wide, and located in the area described above as the Site, from which the Applicant intended to sell fruits and vegetables. The licence would operate from Monday to Sunday between 09:00 hours to 19:00 hours. Following the installation of new street apparatus in the High Street, namely an electronic display with a defibrillator, the Applicant amended the proposed size of their stall to measure 8 meters long and 4 meters wide, as shown on the amended plan at page 16 of the Agenda pack.   3)     One objection was received against the application, from Hounslow Highways who were concerned by the number of existing fruit and vegetable traders in the vicinity of the Site; that other traders did not stay within the licenced area; that there would not be enough storage space; that there would be issues with storing waste and keeping the street clean; and a lack of health and safety awareness. The Applicant addressed each of these objections by email in advance of the panel and in their submissions to the panel. The objection was shown in Appendix C and communication between the Applicant and the objector was shown at Appendix D.   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 company was represented by the company director, Mr Mohamed Yusuf, and Mr Khairy Yousef, who were accompanied and represented by their Agent, Ms Arlene Auf der Mauer. The objector was not present.   6)     The Panel was informed that the Applicant was seeking this licence to sell fruit and vegetables and that they may sell fresh sugar cane juice in the future. The Applicant explained that they would create three rows to display their goods, and they intended to ensure their stall would be a pleasant addition to the area. The arrangement of their stall would assist in managing the queue by attempting to keep their customers within the bounds of the licensed Site. The Applicant confirmed that they were aware of the need to stay within the limit of the Site. The amended plan at Appendix B indicated there would be a clearance of 1.8 metres from the electronic display, 2 metres from a public bench, and 4.5 metres from the shops on either side. The electronic sign contained a defibrillator, located on the far side from the Site. The Applicant was aware of this and confirmed that the queue would not affect access in an emergency.   7)     In relation to concerns about storage and waste disposal, the Applicant confirmed that they would be purchasing goods daily, which would limit the need for storage space. Only a small daily surplus would need to be stored until the next day. The Applicant stated they had a nearby storage area and vans which would be used for moving between the Site and storage area. The space underneath the tables would be used for the storage of waste, in either bags or bins as appropriate. The waste would be removed regularly to their storage area, where it would be collected. The Applicant confirmed that they had contracts with Veola in place for regular waste collection and disposal.   8)     The Applicant confirmed that they would pick up any fruit and vegetables from the ground, to reduce any slipping hazards. The Applicant’s Agent also informed the panel that she would undertake regular visits to the Site to ensure the Applicant’s business was performing properly and would undertake a risk assessment to assess whether changes would be needed. The Applicant confirmed that they had an agreement with a local business, who would provide water that will be used to wash the ground around the Site.   9)     The Applicant sought operating hours from 09:00 to 19:00 daily. The Applicant confirmed that they would start setting up at 09:00 and the stall would be packed away by 19:00.   10)The Applicant was asked about the other fruit and vegetable traders in the area as the objector was concerned that there were already too many in the area, with two such traders located very close to the Site. The Applicant explained that they intended to offer a different service to other traders. In addition to ensuring that their stall would be a pleasant addition to the High Street, they also intended to assist the community. The Applicant also intended to allow customers to purchase goods, which could be kept on hold for others who are unable to afford food.   11)In relation to personal hygiene for the Applicant’s staff, the Applicant confirmed that they had an agreement with a local business to use their bathrooms during the operating hours. The stall would also have a freestanding hand washing station that was fed by a reservoir to ensure their staff could maintain a good standard of cleanliness.   DECISION:   12)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.   13)In this case the Site is located on the High Street and the Panel notes that the plan provided indicated there would be adequate clearance around the Site. The Panel were reassured by the Applicant’s design of their stall; both in how it was intended to look and the thought given to management of the queue of customers.   14)The Panel had consideration of the other similar businesses in the area. Paragraph 4.5 of the Policy states that applications for a new pitch would be assessed based on a number of factors, including that the goods to be sold must not replicate those of neighbouring stalls of shops within 200 metres. In this case, the Panel were satisfied by the Applicant’s submissions in this respect and their plan to assist the community.   15)Having considered all the representations and all relevant material, the Panel has therefore decided to GRANT the application for a temporary street trading licence for the Site, to measure no more than 8 metres long and 4 metres wide, for a duration of 6 months as follows:   Monday to Sunday: 09:00 to 19:00   16)The Panel reminds the Applicant 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 includes ensuring all certification, training, qualifications, insurance and waste management requirements are met. Failure to do so could put them in breach of the licensing conditions and subject to enforcement action.   17)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.