The Kingston upon Thames Licensing Sub-Committee granted a temporary street trading licence to Vesuvio on the Road, a mobile pizza business, to trade from a pitch outside St Pius X Church at The Triangle in New Malden¹. The licence is valid for six months, with amended hours and additional conditions to address concerns raised by the council's highways team, the church, and local residents. These conditions relate to trading hours, designated days, and litter control.

Vesuvio on the Road - Temporary Street Trading Licence

The sub-committee approved the application for a temporary street trading licence for Vesuvio on the Road, subject to the following conditions:

• Trading hours are restricted to 5.30pm to 10pm, Tuesday to Friday only.
• Trading is prohibited on holy days of obligation as defined by the Catholic Church of England and Wales Liturgy Office.
• Trading is prohibited during funeral services at the church, provided the church gives seven days' notice to the trader.
• Litter picks must be carried out in the immediate area on days of operation.
• The applicant must provide an email address to the church for notifications.

Councillor James Giles, Chair of the meeting, stated that the amended hours were to address the highways objection regarding parking, and to negate the need for the applicant to suspend any parking bays. He added that the conditions were designed to support small businesses in the parade, as most of them close around or by this time.

Councillor Giles said:

This is a temporary license for six months and the onus is on the applicant to prove that it works in this location. If there's the emergence of too much noise antisocial behavior smells it will not get a permanent license and in the interim in those six months if smells noise ASB emerges there are statutory measures that the council can take to put a stop to them and that's through the environmental health process.

The sub-committee considered the Committee Report Vesuvio Temporary Street Trading Licence, the application form and plan, the proposed hours of operation, representations received, the proposed pitch location, and photographs of the location.

Applicant Statement

Vincenzo Rea and Alessandra Palomba, the applicants, addressed the sub-committee, explaining that they have run a restaurant for the past 10 years and live locally in Kingston. They said they chose the location at The Triangle because it was on the council's list of designated sites for licensing applications. They also stated that they had monitored the area for a long time and knew it to be quiet in the evenings.

Alessandra Palomba said that they had revised their proposed hours to address local concerns, and would now trade Tuesday to Friday from 4.30pm to 10pm, and not on Saturdays. She added that they had mailed both the church and highway authority on 15 July, offering to communicate and find solutions, but had not received any response.

Objections

Dougal Heath, a local resident, spoke of potential problems with litter, and asked whether it was a smokeless area, as he was unsure if a wood fire could be burned in the area. He also raised concerns about delivery drivers parking in the area, and the potential for antisocial behaviour.

Neil Saladkjusic spoke on behalf of Father Alfred and the parish pastoral council of St. Pius X Roman Catholic Church, summarising the representations made by the community. He said that their main objection was that the location was inappropriate for a fast food retail operation, as it is adjacent to a place of worship. He added that the presence of a pizza van would encourage gatherings and consequent opportunities for anti-social behaviour, as well as problems with litter, noise and cooking smells.

Several other persons also raised concerns, including:

• The loss of parking provision for disabled and elderly parishioners.
• The potential for the van to restrict access to the church for funerals, weddings and other services.
• The narrowness of the pavement and the potential for congestion.
• The impact of the van on the amenity of the area.

Council's Street Trading Policy

The sub-committee noted that the council recognises the positive impact street trading can have on an area, but that it is not suitable for every area. They also noted that street trading licences are issued to control the location of trading activity and to ensure trading locations are positioned in suitable areas, are safe and accessible, and do not cause nuisance or disruption to local businesses or residents. The sub-committee had regard to the council's Street Trading Policy and the London Local Authorities Act 1990.