Decision

Notification of decision following a Licensing Panel hearing to determine an application for the grant of a Premises Licence under section 17 of the Licensing Act 2003

PREMISES: Food St Market, 167-211 Chiswick High Road, between Devonshire Road and Linden Gardens, Chiswick.

APPLICANT: Street Food Ventures (Company number 09464183)

TAKE NOTICE THATON 20 July 2026 following a hearing before the Licensing and General Purposes Sub Committee (the “Licensing Panel” or “Panel”),

HOUNSLOW COUNCIL, as the Licensing Authority for the Premises RESOLVED that:

the application for the grant of a Premises Licence for Food St Market, for an area between 167-211 Chiswick High Road, between Devonshire Road and Linden Gardens, Chiswick was GRANTED subject to the modifications and conditions stated below. 

REASONS:

1. The Panel convened to determine an application by Street Food Ventures (registered at Companies House of England and Wales under company number 09464183) for Food St Market, for an area between 167-211 Chiswick High Road, between Devonshire Road and Linden Gardens, Chiswick and shown more clearly in the plan attached to the application and shown at pages 29-31 of the agenda pack (the “Premises”) for the grant of a Premises Licence under the Licensing Act 2003. 
2. The licensable activities applied for are as follows: 

(a)  Live music and recorded music, performance of dance and anything of similar description:

Sunday 11:00 to 16:00

(b)  Opening hours of the Premises:

Sunday 11:00 to 16:00

1. A copy of the application was attached as Appendix A and to the agenda pack (pages 11 to 35). 
2. The Applicant currently had a Temporary Street Trader’s Licence for the Premises under the London Local Authorities Act 1990 (the “TSTL”). A copy of the TSTL was attached as Appendix B and to the agenda pack (pages 36 to 39). The Premises are situated in an area comprising a mix of commercial and residential properties.
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 deliberations, which took place in a closed session. 
4. The Licensing Panel carefully considered all the relevant information including:

· Written and oral representations by all the parties

· The Licensing Act 2003 and the steps appropriate to promote the Licensing objectives

· The guidance issued under section 182 of the Licensing Act 2003

· Hounslow Council’s licensing policy

· The Human Rights Act 1998

1. The Applicant’s measures and proposed licensing conditions in the application are listed in paragraphs 4.2 to 4.6 (inclusive) of the agenda pack on (pages 22 to 26) and were proposed to be attached as conditions to any licence as may be granted.
2. As part of the consultation process the Authority received one representation from the Ward Councillor and one from the other person (together “the objectors”). The representation from the Ward Councillor raised concerns regarding the enforceability of the proposed measures, noise nuisance, disturbance caused by bass and low frequencies, speaker positioning, and general accessibility. The concerns raised by the other person related to the possibility of increased noise nuisance being experienced by residents if the application were granted. The other person was also concerned about corrective action on the day and having enforceable conditions. The written representations are shown as Appendix C and D of the agenda pack (pages 40 to 45).  There were no objections to the application from any of the responsible authorities.
3. The Applicant provided a reply to the written representations, a copy was attached to the agenda pack as Appendix E (pages 46 to 66). The Applicant also provided additional evidence (including a sound monitoring log) after the agenda pack was finalised so it was not attached but was shared with the Panel and the objectors in advance of the hearing.
4. All the written objections and responses were considered by the Panel before the hearing.
5. Mr Richard Johnson, a Director of the Applicant company, appeared on behalf of the Applicant. The objectors were also in attendance.
6. During the Licensing Panel hearing the facts giving rise to the application for the grant of a Premises Licence were set out by the licensing officer and were agreed by all the parties in attendance.
7. Mr Johnson explained the background to the application and that entertainment was secondary to the service that the market currently provided. He explained that entertainment had been provided at various points in the last three years that the market had been trading and they had never received any noise complaints. Entertainers were usually one busker with a guitar and small amplifier and performances related to local community business, schools and similar. Mr Johnson explained that the application had been made to formalise the market’s historic and current operational practices.
8. In response to the questions by Panel members, Mr Johnson explained that previous activities were authorised under several Temporary Event Notices and a market inspector suggested submitting the application following a visit. Regarding monitoring and controlling noise caused by the live or recorded music, Mr Johnson explained that speakers were pointed towards traffic and the market manager used a digital application (i.e. software program) on his mobile phone to check the sound levels. He confirmed that sound levels were checked along the perimeter and by the performer’s speaker, which is the area that was considered to be the noisiest.
9. Mr Johnson also explained that he was unaware of the complaint that the other person referred to in their written representations. The other person confirmed that previous complaints were made directly to the traders/stallholders and they did not know whether the complaints were dealt with. Mr Johnson apologised to the other person and acknowledged that the complaints were likely not passed on because the traders/stallholders were embarrassed and fearful about losing their spot. He also acknowledged that the circumstance was unsatisfactory.
10. When asked, Mr Johnson clarified that the performance area did not include a stage, it was in fact a cordoned off area. In response to concerns about access around the performance area for the general public and emergency vehicles, he explained that it was not an issue because some performances did not draw a crowd (for example, line dancing) and some audiences gathered in a slightly removed area on the pavement. He also explained that if they felt the need to call an ambulance, that area of the market would be shut down in advance of the ambulance arriving and his staff would be on hand to coordinate movement of people and stalls as needed.
11. Mr Johnson also explained that there had only been one occasion in the history of the market when a need to monitor attendance by clicking was identified. When asked, he clarified that staff usually wore branded hoodies, although not always during warmer weather. He accepted that high visibility clothing might be more appropriate. Mr Johnson also explained that the market and the food competitions that he is and has been responsible for, had never been subject to enforcement action. He also confirmed that if a noise complaint was received, it would be actioned straight away.
12. In response to questions by the other person, Mr Johnson explained that sound was monitored relative to the noises on the high road, which was impacted by moving traffic, aeroplanes, weather and the time of day. Therefore, in his opinion, it would be difficult to set a maximum sound level. He confirmed upon request that he had asked for music to be turned down before because some traders/stallholders played their own music and on occasion it had been too loud.
13. Mr Johnson also explained that sound levels had been assessed against various sources found online because the Authority did not have any guidance or a standard. The Panel put to Mr Johnson that other complaints to traders/stallholders could have been missed, and the other person stated that half a dozen complaints had been made in the three years of trading. The other person also stated that some of the noise nuisance experienced was also during setting up hours. Mr Johnson apologised again and assured the Panel that he would speak to those that he suspected of causing the issue.
14. Prior to asking questions of Mr Johnson, the Ward Councillor declared that she lives near to Gunnersbury Park. Therefore, she knew that sound monitoring for festivals was carried out at six locations around the park which were not necessarily the areas where most people would expect noise nuisance to be the worst. She was also aware of the history of complaints about noise nuisance following festivals and the decibel level festival organisers had agreed to limit noise to.
15. In response to questions by the Ward Councillor, Mr Johnson explained that the noise which would be produced by entertainment from the market would be substantially different and have less of an impact on residents, when compared to the noise from festivals in Gunnersbury Park. He felt that it was unfair to compare the entertainment from the market to music festivals held in Gunnersbury Park. He also felt that he was unable to agree to a maximum level of noise that was lower than the average level cited in the sources referenced earlier in the hearing.
16. When asked, Mr Johnson also explained that any need for change was based on a commonsense approach and traders/stallholders were asked to reduce noise if perimeter checks showed that it was too noisy. He could recall that the noise had never been more than 3 decibels above the average level expected for the high street. He also explained that he felt that a commonsense approach was satisfactory as official monitoring would be very costly. The Ward Councillor told the Panel that as far as she could recall, subjective enforcement had never worked.

The Statutory Guidance states that:

“2.15 The 2003 Act enables licensing authorities and responsible authorities, through representations, to consider what constitutes public nuisance and what is appropriate to prevent it in terms of conditions attached to specific premises licences and club premises certificates. It is therefore important that in considering the promotion of this licensing objective, licensing authorities and responsible authorities focus on the effect of the licensable activities at the specific premises on persons living and working (including those carrying on business) in the area around the premises which may be disproportionate and unreasonable. The issues will mainly concern noise nuisance, light pollution, noxious smells and litter.

 ………

1. 19 Where applications have given rise to representations, any appropriate conditions should normally focus on the most sensitive periods. For example, the most sensitive period for people being disturbed by unreasonably loud music is at night and into the early morning when residents in adjacent properties may be attempting to go to sleep or are sleeping. This is why there is still a need for a licence for performances of live music between 11 pm and 8 am. In certain circumstances, conditions relating to noise emanating from the premises may also be appropriate to address any disturbance anticipated as customers enter and leave.

… … …

1. 28 A public performance of live unamplified music that takes place between 08.00 and
2. 00 on the same day no longer requires a licence under the 2003 Act in any location.

… … …

1. 34 No licence is required for a performance of a play or dance to the extent that certain qualifying conditions are satisfied. However a performance of a play or dance remains licensable:

• where the performance takes places before 08.00 or after 23.00 on any day; or

• where the performance takes place in the presence of an audience of more than 500 people.

… … …

1. 39 Chapter 9 of this Guidance sets out how a licensing authority must determine applications for a new licence or to vary an existing premises licence. Licence conditions imposed, in accordance with paragraphs 9.42 to 9.44, for live or recorded music activities will only apply if the activity meets the criteria of having more than 500 people present, and/or the activities are taking place between 23.00 and 08.00.
2. 40 These conditions will, in effect, be suspended between 08.00 and 23.00 if a performance of live music or the playing of recorded music takes place before an audience of 500 people or fewer, but will remain on the face of the licence for when these activities may take place under other circumstances.
3. The Panel considered the oral representations from the objectors. It appeared to the Panel that representations seemed to concern the possibility of an increase of noise nuisance and the lack of objective enforcement and/or definition of excessive, if the application for a Premises Licence was granted.
4. The Panel also considered Mr Johnson’s confirmation that there were only three members of management when the TSTL was in operation and that it was not immediately obvious to guests who those persons were. Therefore, the Panel considered it appropriate for those management members to wear high-visibility apparel to help the public to identify them.
5. With regard to managing excess noise and therefore the prevention of public nuisance, the Panel considered it would be appropriate not to allow low frequency specific speakers to be used, because of the distance such frequencies can cover, as well as vibration. Furthermore, with it being noted how some individual stallholders were playing their own music over and above a level for their own enjoyment, the Panel noted that this could also cause public nuisance through excess noise, both from the cumulative noise from numerous stallholders playing music, but also the geographic area across the Premises and therefore Chiswick High Road, in which noise nuisance could occur.  Therefore, with the present application being for the Applicant only to provide music, dance performances and other similar entertainment, any licence should be restricted to just the Applicant.  This would not prevent individual stallholders playing low level background music for their own staff.
6. The Panel also considered that there were no objections from responsible authorities including the police and/or other responsible authorities.
7. With the conditions included in the application, the Panel took the view that the wording of some of the conditions needed to be amended to provide clarity and enforceability.
8. The Panel took on board that the conditions to be attached to meet the licensing objectives, as amended as set out below, were enforceable.

Decision

1. Having taken all the representations into account, the statutory provisions and the Revised Guidance issued under section 182 of the Licensing Act 2003 and the Council’s Licensing Policy, the Panel decided to GRANT the application for a Premises Licence with the following modification:

(a)  Live music and recorded music, performance of dance and anything of similar description:

Sunday 11:00 to 16:00.

(b)  Opening hours of the Premises:

Sunday 11:00 to 16:00. 

1. The Panel decided to attach the following conditions:

1)    Entertainment will only take place between 11:00 and 16:00 on the fourth Sunday of each month for as long as the Applicant holds a Street Trading Licence, (whether standard or temporary) for the Premises.

2)    A designated event manager will be present throughout all licensable activities and will be responsible for compliance with licence conditions, trader management and liaison with responsible authorities. Written operating procedures, risk assessments and emergency contact details will be maintained and reviewed at least annually or following any significant incident.

3)    A responsible management presence will be maintained on site throughout trading hours and all licensable activities. All staff engaged in supervising or controlling the Premises shall wear high visibility yellow jackets or vests.

4)    An incident log will be maintained and retained for a minimum of 12 months, and shall be produced on request to an authorised Licensing officer, Environmental Health/Noise Nuisance officer or police officer so it shall be kept on the Premises when the market is in operation. The incident log book is to record:

i)               any crime,

ii)              any disorder or anti-social behaviour,

iii)            complaints,

iv)            significant incidents, accidents, injuries and safety-related incidents, and

v)             complaints concerning amplified live music or recorded music. Noise related complaints shall record the date and time of the complaint, the area of the Premises, stall or source concerned, and the action taken.

5)    Safety related incidents will be reviewed by management as soon as practicable.

6)    Any incidents involving criminal activity, violence or disorder will be reported to the Metropolitan Police as soon as practicable.

7)    Adequate lighting will be provided where necessary to promote safety and deter anti-social behaviour.

8)    Management will conduct periodic patrols of the site during events to identify and address emerging issues.

9)    A documented event-specific risk assessment will be completed prior to each market event and reviewed where circumstances change. Suitable fire safety equipment and first aid provisions will be available on site in accordance with the event risk assessment.

10) The maximum site capacity of 500 persons will not be exceeded, and attendance levels will be monitored by management throughout the event.

11) Clear pedestrian routes and emergency access routes will be maintained at all times and kept free from obstruction.

12)All amplified live music and recorded music provided under the authority of this licence shall be under the direct control of the premises licence holder or the designated market manager.

13) No subwoofers, bass bins, or other dedicated bass-amplification equipment shall be used.

14) This licence is limited to the Applicant and no stallholder shall provide amplified live music or recorded music under the authority of this licence.

15) Speakers and performance areas will be positioned and directed to minimise noise breakout towards nearby residential properties and businesses. Entertainers must remain within the performance area that is shown in the plan attached to the application.

16) Sound levels will be monitored by designated management during performances using a sound monitoring application, including checks at the site perimeter. A written log of the recordings shall be maintained and shall include the location of the check, time and decibel level of noise.  Checks shall be completed at least twice a day between 12pm and 3pm. The log shall be retained for 12 months and produced on request to an authorised Licensing officer, Environmental Health/Noise Nuisance officer or police officer so it shall be kept on the Premises when the market is in operation.

17) Where noise complaints are received, management will take immediate action to investigate the same, including recording the noise level at the location of the complaint, and record what action is subsequently taken, such as reducing volume levels.

18) A direct telephone number for the designated market manager shall be prominently displayed at all times the Premises is in operation. This telephone number is to be made available to residents and businesses in the vicinity.

19) Litter generated by the market will be collected throughout the event and the site inspected and cleared following closure.

20) No adult entertainment will be provided.

21) Any trader selling age-restricted products will operate a Challenge 25 age-verification policy and maintain appropriate staff training records.

22) Any safeguarding concerns involving children will be recorded and, where appropriate, reported to the relevant authorities.

23) Lost children procedures will be implemented, with any lost child being supervised by designated management in a safe location until reunited with a parent, guardian or responsible authority.

1. In reaching its decision on whether to grant this application, the Panel took into account that during the hearing Mr Johnson assured the Panel that entertainers were usually solo performers with an acoustic guitar (bands are not booked), and one small amplifier was used which was no higher than his knee. The Panel also took into account the assurance that aside from people, there are no physical obstructions caused by the performance area. 
2. The Panel took the view that the application was not proposing to change much, if any, of what was already happening. Even so, the Panel would like to invite the Applicant to share details of performances with business and residents in the surrounding area in advance where possible. The Panel would encourage the use of paper leaflets posted through doors and community websites such as www.chiswickw4.com and social media platforms.
3. The Panel would like to remind the Applicant that a breach of the licence including the conditions set out above could result in a review of the conditions and even a revocation of the premises licence.

Right to Appeal

1. Any party aggrieved with the decision of the Licensing Panel on one or more grounds set out in Schedule 5 to the Licensing Act 2003 may appeal to the local Magistrate’s Court within 21 days of notification of this decision.