Decision Maker: Licensing Panel

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: October 2, 2024

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   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.