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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 Local Authorities Act 1990, as
amended

 

SITE: To be
positioned along Chiswick High Road, between Linden Gardens and
Devonshire Road plus area between Devonshire Road and Linden
Gardens, Chiswick

 

TO:                 
Jennifer Titmus T/A Corky Events
(“the Applicant”)

 

TAKE NOTICE THAT following a hearing before the Licensing and General Purposes
Sub-Committee (the “Licensing Panel” or
“Panel”)

ON 29 April 2025 the
London Borough of Hounslow, as the relevant Licensing
Authority,

RESOLVED as follows:

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, as amended (the “Act”).

 

2)   
 The application, which
was shown at Appendix A of the Agenda pack, sought a temporary
street trading licence for up to 79 market stalls between Linden
Gardens and Devonshire Road plus the area between Devonshire Road
and Annandale Road, up to and including the area where the Hogarth
statue is situated in Chiswick as per the plan shown at pages 19-21
of the Agenda, for the purposes of an Antique and  Vintage Market. The market was proposed to run
between 9.00am to 3.00pm every 2nd Sunday of the month from 8th
June 2025 to 9th November 2025, inclusive.
 

3)   
The hearing was held in person. The Panel consisted
of three members. All members of the Licensing Panel were in
attendance throughout the hearing, and during deliberation, which
took place separately in a closed session.
 

4)   
The Applicant had been operating the Antique and
Vintage market in Chiswick for four years through a series of
temporary street trading licences, and the application sought to
continue the existing temporary licence held by the Applicant which
was shown at Appendix A.
 

5)   
During the consultation process, the Licensing
Authority received 223 representations from residents, which were
shown at Appendix C. Of the 223 representations, 3 expressed
concerns and asked for the traders to maintain a distance from the
Hogarth statue to keep the area clear and uncluttered.  The remaining representations were in support of
the application.
 

6)   
In making its decision 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.

 
7)      
The Panel asked questions to ascertain
the Applicant's understanding of their current license, as the
Panel had concerns that there may be conditions which needed to be
reviewed.

 
8)      
Jennifer Titmuss T/A
Corky Events was present and is referred to as (“the
Applicant”).

 
9)      
A representative from the members of the Thornton
Mayfield Residents Association, and the William Hogarth Trust was
present and gave evidence, and Councillor Biddolph on behalf of the Chiswick Gunnersbury ward
was present and gave evidence.
 
10) 
The Applicant told the Panel that the antiques
market had now been running for 4 years and had received positive
feedback from the locals. The pitches set up at 7am. It takes 2
hours to set them up.  The importance of
the Hogarth Statue to the local community was raised. There is an
artist that trades near the statue and the Applicant mentioned no
harm had come to the statue.
 
11) 
The Applicant said on Sundays parking is free for all (traders and
residents). Visitors to the market are encouraged to use public
transport. There is no noise before 7am. The Applicant said waste
has never been an issue because the traders take it all with them,
but she does find when she arrives in the morning the bins are
often full. The Applicant mentioned another Antique and Vintage
trader in the area and that she has not had any complaints about
the business.
 
12) 
The Applicant said there are vans on site for the
duration of the market, they may go and deliver an item that has
been purchased and once in a while there
is a stray car.  It is noted that the
traders can park in the surrounding areas.
 
13) 
It was noted that the Applicant's plans suggest she
has 69 pitches, but she mentions having 79. When questioned, the Applicant was unable to confirm the exact
number of stalls and these were not
numbered on the plan.  The Applicant
said she sometimes keeps this flexible because the stalls are
always full, apart from January and February. She would not want to
reduce the footprint because this would affect the livelihood of
the traders.
 
14) 
The Applicant said the following distances are
maintained: 1 metre distance from the stall to the statue, 1.8
metre distance from the footpath to the stall, and 1 metre distance
between stalls. 
 
15) 
The Applicant said that when the market closes at 3
pm and everything is packed up, the traders collect their vehicles.
Therefore, the vehicles are on site for as little time as possible.
The Applicant said it usually takes 2.5 hours. 
 
16) 
The representative from Thornton Mayfield Residents
Association, and the William Hogarth Trust, made it clear that her
main representations were in relation to the space surrounding the
Hogarth statue.  Due to its historical
interest within the community, she would ask that no stalls or
related items be placed near the statue or overflow onto the
railings associated with the statue. 
 
17) 
Councillor Biddolph said
there was a stall right on the corner where the road turns off
Devonshire Road and Chiswick High Road, which was close to and
often encroached on the pavement alongside the High Road at the
turn, where there was paving to guide visually impaired people.
When the stalls operate, they become an obstruction and force
pedestrians onto the road. Councillor Biddolph asked for that corner to be removed from
the licensed area and asked for the following points to be
considered:

 

·       
 A formal parking plan,
as residents and local businesses are affected by a lack of parking
on Sundays.

 

·       
A specified end time by which the market traders
must leave, as the Councillor is aware of stalls trading and
packing up late into the evening.

 

·       
Car park closure the
night before at a time that supports the nighttime economy of the
community.

 

·       
The area surrounding the Hogarth statue is to remain
clear.

 

DECISION:

18)   
The Act provides the Council with a measure of
discretion when deciding whether to issue a temporary street
trading licence and the 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.

 

19)   
Having considered all the written and oral
representations by all parties, the Panel is of the view that the
Applicant appears to be operating the market in a satisfactory
manner, but there are some additional conditions that should be put
in place to protect the integrity of the Hogarth statue and reduce
the risk to pedestrians from any obstruction.

 

20)   
The Panel has therefore decided to GRANT the
application for a temporary street trading licence for a maximum of
64 pitches, in the location shown in the plan to the Application
shown at pages 19-21, namely the area between Linden Gardens and
Devonshire Road, and between Devonshire Road and Annadale Road,
Chiswick. The market is to operate between 9.00am to 3.00pm on the
2nd Sunday of the month from 8th June 2025 to
9th November 2025, inclusive.

Conditions Attached by the licensing Sub-
Committee

21) 
There shall be no stalls placed within the area of
the Hogarth statue and the railings associated with the statue
should not be used to display any merchandise.

 

22) 
The standard Conditions allow a maximum width of any
licensed area which shall not exceed one third of the useable width
of the footpath. Furthermore, a minimum unobstructed footpath width
of 1.8 metres must be left clear and available and free from
obstruction to allow for safe and convenient pedestrian
movement.

 

23) 
The applicant must monitor to ensure that stalls are
not pitched too close to the benches and ensure that there is
enough spacing between stalls.

 

24) 
There must be a minimum of 1 metre distance between
each stall.
 

25) 
Traders must at no time obstruct those businesses on
Chiswick High Road who hold a pavement or temporary Street trading
licence.
 

26) 
The licence holder must always ensure any queues, or
the serving of customers does not impact the adjacent pavement or
any pedestrian crossing points in order
to prevent obstruction and to maintain public safety. Queues
should also not impact upon neighbouring premises and
businesses.
 

27) 
The ingress and egress routes must at no point be
obstructed by the market for emergency services or
utilities.
 

28) 
The market holder must ensure the market operates in
a safe and orderly manner and shall not do anything which may cause
a danger, nuisance or annoyance, damage or inconvenience to the
Council, any adjacent neighbouring premises or to any member of the
public.
 

29) 
The licence holder must ensure that all appropriate
road closures are applied for and approved prior to the date of the
market being held.
 

30) 
All risk assessment and operational documents must
be completed, approved, and reviewed regularly in conjunction with
the London Borough of Hounslow events team to allow the market to
take place.
 

31) 
The stall on the East side of Devonshire Road and
Chiswick High Road is to be removed from the licence.
 

32) 
The Licence holder must ensure clearance of the
market by 4.30pm.

 

London Borough of Hounslow Street trading
Policy

 

33) 
The Panel understands that the Council no longer
issues ID passes to market or stall holders and therefore condition
48 of the standard temporary street trading licence conditions in
the Policy is deleted.

 

34) 
With the Policy geared towards individuals stalls
rather than to a market, the Panel has also decided to amend
conditions 64, 65 and 68 of the standard temporary street
conditions in the Policy so that they now read as
follows:

64.The Licence Holder must be the principal operator
and have day to day control of the market. The Licence Holder may
employ any other person to assist in operating the market and shall
notify the Head of Business Regulation/Licensing Manager of the
name and address of that person.

65.Anyone who operates a stall/vehicle must be
approved by the Licence Holder and must operate within the Licence
Holder’s terms of business or be authorised by the Head of
Business Regulation/Licensing Manager.

68.The Licence Holder must be the principal operator
of the market and must be physically present at that market
the majority of the time. Occasional
help is permissible with prior approval of the Licensing Manager or
head of Business Regulation.

 

35) 
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.