Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: April 29, 2025

Purpose:

Content: 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 the area between Devonshire Road and Linden Gardens, Chiswick TO:                    Richard Johnson, for Street Food Ventures Ltd (“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 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 49 and 1 riser stage. In addition to an area for tables and chairs and one A board between Devonshire Road and Linden Gardens, Chiswick, as per the plan submitted in the bundle.  The market was proposed to run between 11.00 am to 4.00 pm every 4th Sunday of the month from 22nd June to 23rd November 2025, inclusive.   3)       The Applicant had been operating the food market for 18 months through a series of temporary Street trading Licences held by the Applicant, a copy is shown in the bundle, the application sought to continue the existing temporary licence held by the Applicant, a copy of which was shown at Appendix A.   4)       During the consultation process, the Licensing Authority received 1 representation objecting and 67 representations in support from local residents. These are in Appendices B and C, respectively. The objection expresses concerns about litter in the area.     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)       Richard Johnson was present and is referred to as “the Applicant”. No one else gave live evidence, though it must be noted that this hearing started later in the evening due to a previous hearing being held prior to this one.   7)       The Panel was taken through the following points by the Applicant:   8)       The food market had been running for 18 months. There had been cooking demonstrations. The Applicant had worked with other local businesses, including choirs, theatre groups, and art classes, and had incubated a lot of food street talent. The Applicant said there were 2 full-time litter pickers, and 6 x 11-litre bins were dropped off at the market on Fridays. The food rating is 95% 5-star. There were 49 stalls, and crowd dispersal was managed by the team. Traders brought their own portable water, and the toilet facilities are available at the George IV pub. It takes 3 hours to set up the previous night in readiness for the market.  The Applicant says he ensures the distancing stipulations are adhered to and that the area is cleared of litter at the end of the market.   DECISION: 9)       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.   10)  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, including ensuring that they are able to properly manage the market, which specialises in food.  The Panel is also satisfied with the Applicant’s organisation and marshalling of the market, including compliance with food hygiene standards, and that any litter can be properly managed.   11)  The Panel has therefore decided to GRANT the application for a temporary street trading licence for a maximum of 49 pitches, in the location shown in the plan to the Application shown at Appendix A. The market is to operate between 11.00 am to 4.00 pm on the 4th Sunday of the month from 22 June 2025 to 23rd November 2025, inclusive.   Conditions Attached by the licensing Sub- Committee   12)   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.   13)  Regarding rubbish collection, the standard condition shall apply as follows.   14)  The Licence holder shall ensure refuse originating from their trade is disposed of by a licensed waste carrier and shall leave the site clear of refuse at the completion of trading. No water or waste material shall be discharged on to the highway or any adjacent property.  The Licence Holder shall ensure that the area in the vicinity of the stall/vehicle is kept clear of all refuse at all times. Refuse storage must be provided adjacent to the sale area. The storage must be of a substantial construction, waterproof and animal proof. The trade waste must be removed at the end of each working day or sooner if the amount of refuse warrants it, when the container is full.   15)   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 meters must be left clear and available and free from obstruction to allow for safe and convenient pedestrian movement.   16)   The applicant must ensure that stalls are not less than 1 metre from the benches.   17)   There must be a minimum of 1 metre distance between each stall.   18)   Traders must at no time obstruct those businesses on Chiswick High Road who hold a pavement or temporary Street trading licence.   19)   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.   20)   The ingress and egress routes must at no point be obstructed by the market for emergency services or utilities.   21)   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.   22)   The licence holder must ensure that all appropriate road closures are applied for and approved prior to the date of the market being held.   23)   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.   24)   The Licence holder must ensure clearance of the licensed space by 5.30pm.   London Borough of Hounslow Street Trading Policy   25)  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.   26)  With the Policy geared towards individual 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.   27)  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.