The Licensing (2003 Act) Sub-Committee was scheduled to convene to address a new premises licence application and a temporary street trading licence application. The meeting was also scheduled to cover declarations of interest and confirmation of procedure.

The Cause, The Silver Building, 60 Dock Road, Silvertown

The Licensing (2003 Act) Sub-Committee were scheduled to consider a new premises licence application for The Cause, Spaces 4, 5, 6 and 7 The Silver Building, 60 Dock Road, Silvertown, E16 1YZ.

ECU Food Truck Limited, Knights Road E16 2AU

The Licensing Committee were scheduled to discuss an application for a new temporary street trading licence for Knights Road, E16 2AU. The applicant, Mr Luduvico Cenon Paredes Maldonado of ECU Food Truck Limited, was applying for a licence to operate a food truck selling hamburgers, hot dogs, french fries, chicken, cheese and tuna sandwiches, coffee, chocolate, soft drinks and desserts, Monday to Friday from 07:00 to 14:00.

The report pack included the application form, photographs of the proposed site, insurance details, and an electrical certificate as Appendix A.

Consultations were carried out with ward councillors, Network Management, the ASB & Nuisance Team, Planning Enforcement, the Cleansing Team, the Neighbourhood Officer, Trading Standards, and the Metropolitan Police.

A representation was received from the Council's Traffic, Network & Streetworks Team, representing the Highways Authority, which was included as Appendix B. The representation from Jim Jordan, Head of Network Management, stated that the location the applicant was proposing was a footway, and that parking on a footway is an offence. Mr Jordan also stated that the carriageway could not be used as it is an access route for large goods vehicles and tippers accessing sites in Knights and Bradfield Road.

Responses from Mr Luduvico Cenon Paredes Maldonado and the highways officer were included as Appendix C. Mr Maldonado had previously contacted Steve Jackson, Principal Licensing Enforcement Officer, to ask why his application had been declined, and to query why other similar businesses were allowed to trade in the area. Mr Jackson had responded, stating that he had passed the information on to the Highways officer and the Community Safety Officers, and that they would visit the area to deal with the other trader. Mr Jackson also suggested that Mr Maldonado consider market areas or private land. Mr Maldonado clarified that he was applying to trade within one of the parking bays on the roadside. Mr Jordan responded that the Highways team still objected, as parking bays are for the use of residents and other users, and not for trading purposes.

The Licensing Committee Guidelines relating to stalls were included as Appendix D. These guidelines state that the Licensing Committee may take into consideration matters such as:

• Whether the applicant has consent to trade on the land from the owner, or is the owner of the land.
• Whether the land and any structure have the appropriate planning consent.
• The location of the stall and the character of the vicinity.
• The environmental impact of the stall on residents and businesses.
• Whether the location, servicing, or operation of the stall will cause any obstructions to pedestrians or traffic.
• The design and construction of the stall.
• The arrangements for setting up and servicing the stall.
• Whether the setting up, operation and servicing of the stall will cause any damage to any public footpath or road.
• Any safety issues appertaining to the stall.
• The arrangements for the collection of rubbish and waste.
• Whether the operation of the stall could lead to anti-social behaviour.
• Whether the applicant is a fit and proper person to hold the licence.
• Whether any business rates are payable.
• The applicant's ability to comply with the standard licence conditions and the requirement to obtain public liability insurance.

Part A of the standard conditions for temporary street trading licences were included as Appendix E. These conditions cover a range of issues, including:

• Compliance with other relevant legislation and regulations.
• Notification of any change of circumstances affecting the licence.
• Public liability insurance cover of at least £5,000,000.
• Indemnification of the Council against all 3rd party claims arising out of the use of the land under the licence.
• Presence of the licence holder or a designated assistant at the stall.
• Display of a summary of the licence on the stall.
• Removal of all merchandise from the stall within 30 minutes of the terminal time specified on the licence.
• Dismantling and removal of the stall and all waste within 1 hour of the terminal time specified on the licence.
• Restrictions on canvassing potential customers or distributing advertising material in the vicinity of the stall.
• Restrictions on the use of radios, music players or other equipment to produce music or other sound that can be heard outside of the licensed area.
• Ensuring that the operation, set up, servicing and dismantling of the stall does not cause a public or private nuisance, an obstruction to pedestrians or traffic, or public safety issues.
• Keeping the licensed area clean and swept free of any debris at regular intervals.
• Co-operation with Council Officers and the Police.
• Restrictions on the use, storage or sale of compressed air, oxygen, hydrogen or other gas or liquid under pressure, hazardous materials, and generators for the production of electricity.
• Restrictions on the generation of fumes, smoke or obnoxious smells.
• Compliance with the Challenge 25 policy if any age related goods or services are to be provided at the stall.
• The Council's right to revoke or suspend the licence in certain circumstances.

A map and street view pictures of the trading site/location were included as Appendix F.

The members of the Licensing Committee were asked to hear and determine the application, noting that there is no right of appeal for Temporary Street Trading Applications.

Declarations of Interest

Councillors were reminded that they must declare any disclosable pecuniary interests or non-pecuniary interests they may have in any matter being considered at the meeting, with reference to the Members' Code of Conduct. Councillors were directed to the Declaration of Interest Guidance.

Confirmation of Procedure

The Chair of Licensing Committee, Councillor Tonii Wilson, was scheduled to confirm the procedure for the meeting, with reference to the Licensing Procedure.