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 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.