Decision Maker: Licensing Panel

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: May 20, 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 alongside Chiswick high Road, Adjacent to 123-211 Chiswick High Road, Chiswick, W4   TO:              Kathleen Mitra, Chiswick Flower Market (“the Applicant”)    TAKE NOTICE THAT following a hearing before the Licensing and General Purposes Sub-Committee (“the Licensing Panel” or “Panel”)   ON 22 May 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 65 market stalls along Chiswick High Road between Linden Gardens to past Brackley Road up to the Metro Bank in Chiswick as per the plan shown at page 20 of the agenda pack, for the purposes of a Flower Market. The market was proposed to run between 8.30am to 5.00pm every first Sunday of the month from 6 July 2025 to 7 December 2025 inclusive.   3)        The hearing was 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 Flower Market in Chiswick for nearly five 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 is attached to the Application.   5)        During the consultation process the Licensing Authority received 66 representations in support of the application from members of the public. Seven of those representations contained specific reference to the flower market. These are shown at Appendix C. In addition, representations were received from a representative of The Mid Chiswick Society and Friends of Chiswick Common Residents’ Association.  This is  shown in Appendix B and expressed concerns including noise, increased traffic and pressure on parking on the local roads as well as concerns regarding the length of trading time in comparison to the other markets, and requirements to improve the communications systems between licence holders and the local residents.   6)        There were representations received from Councillors Jack Emsley, Ron Mushiso and Gerald McGregor in support of the Application. The representations are attached in Appendix D. Councillors Mushiso and Emsley attended the hearing to give evidence.  Representations were also received from Councillor Joanna Biddolph who also attended.  Councillor Biddolph was not objecting to the Application and she put forward some representations, which can be found attached at Appendix E. The comments and representations related to the prevention of blocking certain parts of the highway, the need for a formal parking plan, an end time for market traders, ensuring car park closure times fitted the needs of the wider community, the impact on business from the trading of food at this market and ensuring clearance of the Hogarth statue.     7)        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   8)        Kathleen Mitra, Steven Nutt, Ollie Saunders and Jeremy Day were present for the Applicant (and are together referred to as the Applicant). A representative from Friends of Chiswick Common Residents’ Association was also in attendance and made it clear she was not objecting to the presence of the Flower Market but made some representations as referred to above in paragraph 5.   9)        The Panel was informed that the market operated on the first Sunday of the month and the objective was to make a difference to the Borough and invest back into the community. In addition, the Panel were informed that the market was approaching its fifth birthday and had a good record of safe markets, that there were volunteers that helped with various aspects; some with accounts, some with social media and much more. The Panel was taken through the procedure for the setting up and dismantling of the market and market stalls, which involved traders arriving from around 6.00am though most arrived at 7am to start setting up their stalls to begin trading at 9.am. Trading ceased at 4pm and it normally took one hour to close, sometimes a little more. They expected to be packed away by 5pm but this could sometimes take a little longer.   10)    The Applicants advised that there were 65 pitches The stalls themselves are marked out in 3m spaces, though this was not shown in the plan. There were usually 35 traders as most used two pitches. Food was also sold, mainly as flower shaped cakes in keeping with the theme of the market.   11)    The Applicants said there was usually a team standing at the gate to manage vehicles accessing the car park to prevent blockage and there was always a market manager on site. They had all undertaken first aid training. The market did not impose on the Hogarth statue, and there was low level music.     12)    The representative from the Friends of Chiswick Common Residents’ Association and Mid Chiswick Society asked if the Applicants would be prepared to revise the licensing time so they aligned with the other markets and traded for fewer hours. The Applicants’ response was that they asked to finish at 4pm and be given enough time to pack away. The representative from Friends of Chiswick Common Association and Mid Chiswick Society asked if there was more the Applicants could do to suggest where people parked. The Applicant responded that there was a visitor’s section on their website, and they were willing to revise the wording to make things clearer. They encouraged people to walk to the market and/or take public transport. The Applicant said they were willing to clarify the position on the website which is Chiswickflowermarket.com.   13)     Councillor Mushiso spoke of the benefits to the area in having the market, of his volunteering role in the market and his continued support over the years and he welcomed the idea of more dialogue between the residents and the licence holders to further improve communication. Councillor Emsley spoke of the benefits of the market and expressed support for it and mentioned the market’s compliance with the key principles in paragraph 2.11 of the Councils Street Trading Policy.    14)    Councillor Biddolph asked what was done about vans and parking as there was a need for alternative parking to be found. The Applicants said they would welcome a discussion and were keen to hear from the local community so that traffic management and parking could be addressed in a professional manner.  Councillor Biddolph asked what the Applicants had done to promote business for those on the outskirts of the market. The Applicant said they had spoken to other traders, and they had not received any complaints. Councillor Biddolph referred to an area where there was tactile paving and asked how any clashes would be addressed to prevent obstruction. The Applicants said their 3-metre gazebo did not cause any obstruction or interference with that. Councillor Biddolph asked who closed the car park. The Applicant said the management team closed the car park. Councillor Biddolph said the local community’s needs were to be considered regarding the time when closing the car park as there may be a need for others to access the car park later than 11pm.     DECISION:   15)    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.   16)    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 flowers and therefore had 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.   17)    The Panel therefore decided to GRANT the application for a Temporary Street Trading Licence for a maximum of 65 stalls, in the location shown in the plan to the Application shown at page 15, namely the area between Linden Gardens and Brackley Road up to the Metro Bank in Chiswick.  The market is to operate between 9.00am to 4.00pm on the first Sunday of the month from 6 July 2025 to 7 December 2025, inclusive.     Conditions Attached by the licensing Sub-Committee:   18)    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.                                                                                          19)    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.   20)    The applicant must monitor to ensure that stalls are more than 1 metre distance from the benches.     21)    There must be a minimum of 1 metre distance between each stall.     22)    Traders must at no time obstruct those businesses on Chiswick High Road who hold a pavement or Temporary Street Trading Licence.   23)    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.   24)    The ingress and egress routes must at no point be obstructed by the market for emergency services or utilities.   25)    The licence 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.   26)    The licence holder must ensure that all appropriate road closures are applied for and approved prior to the date of the market being held.   27)    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.   28)    The Licence holder must ensure clearance of the market by 5.30pm.   Additional Conditions agreed by the licence holder:     29)    Stalls will be positioned such that sight line obstruction does not occur.   30)    Traffic Road signs will be kept clear of any obstructions.     31)    After market set-up, the market manager will undertake a risk assessment site inspection ensuring sightlines and set up comply with guidance. This will be continually monitored throughout the day.   32)    Marshalls will be informed of the necessity to keep clear sightlines at junctions.     33)    Any breaches will be reported to the site manager and immediately dealt with   34)    Stall holders nearest the road junctions will be informed of their responsibility.     35)    If deemed necessary, a barrier will be put up at each junction on the pavement to warn pedestrians of the access road.   London Borough of Hounslow Street trading Policy   36)    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.   37)    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.   38)    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.