Decision Maker: Licensing Panel

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: March 18, 2025

Purpose:

Content: 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:            To be positioned along Chiswick High Road, The Old Market Place area between Linden Gardens and Devonshire Road plus area between Devonshire Road and Annandale Road, Chiswick   TO:              Cook Book Kitchen CIC T/A Chiswick Cheese Market (“the Applicant”)    TAKE NOTICE THAT following a hearing before the Licensing and General Purposes Sub-Committee (“the Licensing Panel” or “Panel”)   ON 18 March 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 is shown at Appendix A of the Agenda pack, sought a temporary street trading licence for up to 59 market stalls between Linden Gardens and Devonshire Road plus the area between Devonshire Road and Annandale Road, Chiswick as per the plan shown at page 15 of the Agenda, for the purposes of a Cheese Market. The application also seeks permission to use up to 6 A boards. The market was proposed to run between 9.30am to 3.00pm every 3rd Sunday of the month from 18th May 2025 to 19th October 2025, inclusive.   3)        The Applicant had been operating the Cheese Market in Chiswick for a few years through a series of temporary street trading licences, and the application sought to continue the existing temporary licence held by the Applicant, a copy of which was shown at Appendix B.   4)        During the consultation process the Licensing Authority received 1 representation from a resident, which was shown at Appendix C. This expressed concerns such as the interference with pedestrian access and bike racks in the proposed site, congestion and parking issues by the market traders, health and safety issues and the risk of harm / lack of escape routes if there were to be an incident.  The representation was similar to one made by the same objector against the Applicant’s previous application, save that it expressed more concern over the potential for health and safety in the event of an incident.    5)        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   6)        Jules Kane and Lucy Cufflin were present for the Applicant (and were together referred to as the Applicant), with the objector not attending.   7)        The Panel was taken through the procedure for the setting up and dismantling of the market and market stalls, which involved the car park accommodating the market area being closed off around midnight, and traders arriving from around 7.00am to start setting up their stalls to begin trading at 9.30am.  A lot of the traders had stalls at more than one market, and so they would drop off equipment and personnel before going on to the next market, and similarly they would drive around the markets to collect their items when the markets closed.  Therefore, a number of traders did not need to park in the area.   Those traders who did need to park did so in the neighbourhood, and the Applicant was exploring the possibility of securing a small car park area for them.   8)        The stalls themselves were marked out in 3m spaces, and whilst this was not shown in the plan to the application, there was also a 1 metre space between each stall that was wide enough for someone to walk down and that provided a further route of escape if needed.  The market usually consisted of around 7 stalls that were 2x2 metres in size, with the rest being 3x3 metres in size, although there was some limited scope for this to change within the confines of the market space.   9)        Regarding other issues raised by the objector, the Panel was informed the bicycle rack area had been removed and the marshalling of the market and the emergency and evacuation procedures were also explained.  This included how emergency vehicles could access the site if required.   10)     The Applicant estimated that there were only a couple of hundred people in attendance at any one time and the last time they monitored the actual number of attendees was during Covid, when around 4,500 people attended the market during the day.   11)     The Applicant also confirmed they had approval from Hounslow Highways to operate the market from the proposed site.     DECISION:   12)     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.   13)     Having considered all the written and oral representations by all parties, the Panel was of the view that the Applicant appeared to be operating the market in a satisfactory manner, including ensuring that they were able to properly manage the market, which specialised in cheese and therefore has limited overlap with any nearby shops.  The Panel was also satisfied with the Applicant’s organisation and marshalling of the market, including their emergency procedures.   14)     The Panel has therefore decided to GRANT the application for a temporary street trading licence for a maximum of 59 stalls and 6 A boards, in the location shown in the plan to the Application shown at page 15, namely the area between Linden Gardens and Devonshire Road, and between Devonshire Road and Annadale Road, Chiswick.  The market is to operate between 9.30am to 3.00pm on the 3rd Sunday of the month from 18th May 2025 to 19th October 2025, inclusive.                                                              15)     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 was deleted.   16)     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.   17)     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.