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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 London Local Authorities Act 1990, as amended
 

SITE:           
Food Street, Stalls adjacent to 209-123 Chiswick High Road,
Chiswick W4 2DU, W4 2ED
 
TO:
            
Richard Johnson, Street Food Ventures Limited (“the
Applicant”)
  
TAKE NOTICE THAT
following a hearing before the Licensing and General
Purposes Sub-Committee (“the Licensing Panel” or
“Panel”)
 
ON 17 January
2024 the London Borough Of Hounslow, as the relevant
Licensing Authority
 
 
RESOLVED:  That the application for
a temporary street trading licence for the applicant to run a food
market of up to 62 stalls to be positioned on the public highway
adjacent to 209-123 Chiswick High Road, Chiswick W4 2DU, W4 2ED is
GRANTED subject to the Council’s standard
Pre-Licensing Conditions as set out in Appendix ii of the
Council’s Street Trading Policy and the Council’s
standard Street Trading Conditions as set out in Appendix iii of
the Council’s Street Trading Policy and to the additional
conditions set out below.          
 
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 up to 62 stalls to be positioned on the public
highway adjacent to 209-123 Chiswick High Road, Chiswick, W4 2DU,
W4 2ED.   A full copy of the
application with detailed maps and photos of proposed locations and
with photos of previous events is shown as Appendix
A.
 

2.       
By email dated 30 October 2023 exhibited as
Appendix B to the agenda pack, the Council’s Traffic
and Transport team confirmed that they had no objection to the
market trading on the public land.
 

3.       
The application seeks to authorise the Applicant to
run a food market on the public highway but not encroaching on the
Hogarth Statue in the area as highlighted in paragraph 3.0 of the
agenda report.  The market to be held
every 4th Sunday for a six-month period and the proposed hours of
business would be from 11:00am until 4:00pm.
 

4.       
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 (“the Act”) and the steps
appropriate to promote the Licensing Objectives
-    Hounslow Council
Street Trading Policy (“the Policy”)
-    The Human Rights Act
1998
 

5.       
Following the consultation, the Council received one
representation form a local Ward Councillor, namely Councillor
Biddolph.  A copy of the
Councillor’s representation has been attached as Appendix
C to the agenda pack. 
 

6.       
The Council also received 19 representations against
the application and 90 representations in support.   These are attached as Appendix
D.
 

7.       
Mr Richard Johnson on behalf of the Applicant
company was in attendance along with a colleague, Glenn, from a
business called Blue Collar who attended remotely, namely over the
telephone due to personal emergency. 
Councillor Biddolph and 9 local
residents (5 in support and 4 against the application) were
also present.
 

8.       
Mr Johnson said that he was granted a temporary
street food market licence in August allowing him to run a market
on the fourth Sunday of October, November and December 2023.  Having run the street food market which he submitted to the panel as being a real
success, he wanted to continue to run the same for another 6
months.  Mr Johnson explained the market
not only brought local residents and people from outside of the
borough together but it also created
opportunities for different businesses to introduce their product
to the people. 
 

9.       
Mr Johnson also explained that he has lived in
Chiswick for 20 years believes that hosting an event in Chiswick is
a great opportunity that to help local businesses.  He believed that by bringing footfall into the
local High Street, local businesses would benefit.  He gave examples about how he was able assist set
up their stall either with getting a gazebo or arranging equipment
to run the stalls.  Mr Johnson wanted
local businesses to have the opportunity to showcase their
businesses. His last temporary street licence was for 20 stalls and
following each event, he and his team ensured all rubbish was
properly collected and there was no litter. Mr Johnson drew to the
panel’s attention that apart from one objector, none of the
other objectors complained about litter problem. 
 

10.   
During questioning the Applicant assured the panel
that the food market will not cause local businesses to suffer and
that in fact, the food market will create fantastic opportunities
for local businesses to come together; to develop partnership; and
that it will be ideal for new start-ups to come to the market to
set up stalls to trade and that it would encourage and attract more
businesses in Chiswick.  It is good way
for start-up businesses as it will help develop the business and
develop brands within the market.  Mr
Johnson feels the food market has over the last 3 months helped
contribute to the community and 3 months of trial period it has
been positive.  The Applicant said he
could assist by providing equipment and menu
development. 
 

11.   
Mr Johnson assured the panel that he could work with
larger number of stalls as proposed in his application and that the
increased number of stalls would benefit as more businesses could
take part.
 

12.   
During questioning the Applicant assured the panel
members that he has planned for parking and that local businesses
would get discounted rate to have a stall. He has also planned for
the exact number of trucks and ho they
will be spaced out so that it will not be congested. He explained
that although the current application does not include application
for seating, how having seating arrangements would further be
positive feature of running the food market as people could meet up
with friends and families sit, eat and
enjoy the market. 
 

13.   
In response to crowd management and crowd control,
the Applicant explained that the Blue-Collar company are highly
experienced and have even managed football events. He assured the
panel that crowd will be well managed.
 

14.   
Under the Policy, the Panel will consider factors
such as public safety, prevention of crime 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 the any history of the Applicant.   There were questions from the objectors
about the need for some of the proposed food stalls given the
number of existing food businesses in the area.   The Applicant stated that street food was
different experience to the experience of sitting down in a
restaurant in a bricks and mortar establishment.  The Applicant highlighted that there were already
businesses selling similar cuisines to each other on the Chiswick
High Road, so there was already competition in the area.
 

15.   
The objections to the application raise several
points, but the main issue was the effect on competing bricks and
mortar businesses, and the nuisance caused by litter, the potential
for noise nuisance caused by traders setting up on Sunday morning,
visitors parking their cars on nearby residential roads, thereby
causing parking issues for residents and their guests.  
 

16.   
During the panel hearing, everyone in attendance
objecting to the application was given the opportunity to put
forward their concerns and question the Applicant.  The ward councillor was given the opportunity to
put forward her representations and question the Applicant
too.  Likewise, the Applicant and those
in attendance supporting the application was given the opportunity
to make their submissions to the panel as well as question those
objecting to the application.  The panel
members considered both sides submissions, concerns and responses
to questions and considered how much weight, if any, each
submission had to be given and which submission, if any, to
reject.
 
DECISION:
 

17.   
The matter of temporary street trading licences for
a London Local Authority is set out in section 31 of the 1990 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);
 

19.   
Therefore, the legislation 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.
 

20.   
Taking all matters into account the panel was
concerned about the strength of feeling of both those in support of
the application and those against the application of the impact of
the proposed market on their existing businesses and of the need
for the Council to promote community cohesion.  Consequently, the panel felt that it was for the
Applicant to demonstrate good attempts to engage with local residents and local businesses.  In Order to address this concern, the Panel felt
that it was necessary to reduce the number of stalls as well as the
area of the High Road in which the licence holder was to be
permitted to trade. 
 

21.   
The panel considered that competition in the area is
not a question, and the local licensing authority cannot be seen to
be favouring one business over another. 
The panel was however concerned about the location of the stalls
and proximity to the statue of William Hogarth.  The panel unanimously agreed that there is a need
to ensure that heritage in the area is maintained and
protected.  The panel also considered
that the proposed position of the stalls could potentially cause
damage to the William Hogarth.  The
panel noted that the Applicant offered to sale of cold food from
the stalls close to the statue.  
 

22.   
The panel took the view that over the last 3 months
the Applicant satisfactorily run the Sunday food market and has
demonstrated that the litter and crowd management have been well
managed. However, as the Panel was required to consider the
environmental impact in order to address the concerns about litter
the Panel felt that it was necessary to introduce a further
condition requiring the Applicant to have a waste contract in place
before the licence is granted and to introduce a further condition
regarding times when the traders could bring vehicles to the site
to set up and take down the pitches.
 

23.   
Taking all matters in to account the panel therefore
decided to GRANT the temporary street trading licence for
the stalls to be positioned on the public highway adjacent to 209
to 123 Chiswick High Road, Chiswick but the panel unanimously
decided to restrict the area of the High Road in which the licence
holder was to be permitted to trade and to reduce the number of
stalls to a maximum of 44 stalls plus an additional 10 stalls
– see details below.
 

24.   
The temporary street trading licence application is
granted subject to the Council’s standard Pre-Licensing
Conditions as set out in Appendix ii of the Council’s Street
Trading Policy and the Council’s standard Street Trading
Conditions as set out in Appendix iii of the Council’s Street
Trading Policy and to the additional conditions set out
below:
 
(1) 
A maximum of 44 stalls to be placed
between Devonshire Road, Chiswick and Linden
Gardens, Chiswick as per the plan with
permission to have up to additional 10 stalls provided:

 
(a) 
it meets the standard conditions for maximum width
of any licensed area which shall not exceed one third of the
useable width of the footpath; and
(b) 
a minimum of 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.

 
(2) 
 In relation to litter,
the licence holder to ensure sufficient litter pickers are in place
to clear the area at the end of each market.

 
(3) 
Regarding rubbish collection, the standard condition
shall apply.
 
(4) 
The Applicant must redraft and provide to the
Council clear description of the goods to be sold from the
stalls.
 

25.   
The panel wanted to express that they are supportive
of this application because the Applicant is encouraging business
to be innovative and to bring more people to the borough. Concerns
about increase of littering is speculative and the panel is aware
that there is already an existing littering problem in the
area.
 

RIGHT OF APPEAL:
 

26.   
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.