Decision Maker: Licensing Panel

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: December 8, 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:              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 08 December 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 is proposed to run between 7am to 5:30pm every 1st Sunday of the month from 4th January 2026 to 7th June 2026 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 has been operating the Flower Market in Chiswick for more than 5 years through a series of temporary street trading licences, and the application seeks to continue to trade under a new temporary licence in a similar form to the one currently held by the Applicant, a copy of which is attached to the Application.   5)         The Applicant has requested three changes to the licence. These are to include the sale of alcohol, to remove the requirement of 1 metre distance between each stall and to remove the requirement of 1 metre distance from benches.   6)         During the consultation process the Licensing Authority received no representations from members of the public. Representations were received from a representative of Hounslow Highways which is shown in Appendix C of the Agenda which expressed concerns about the site E1 and the need to ensure clearance of obstructions.   7)         The Panel heard that Hounslow Highways had misidentified the E1 site as Devonshire Road, but this should have been Annandale Road. The Panel accepted that the location site in E1 should be reinstated.     8)         There have been representations from Councillor J Emsley, Councillor R Mushiso and Councillor R Gill in support of the Application. The representations are attached in Appendix D of the Agenda.   9)         Representations were also received from Councillor J Biddolph who also attended.  Although Councillor Biddolph was not objecting to the Application she put forward some representations, which can be found attached at Appendix B. The comments and representations relate to accessibility, specifically in relation to those with disabilities and families with buggies. Councillor J Biddolph felt strongly about the importance of not starting a trend that leads to other market organisers organising their stalls without adequate spacing. This could potentially exclude disabled people in wheelchairs or others with mobility limitations from the market.   10)     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   11)     Kathleen Mitra, Steven Nutt, and Ollie Saunders were present for the Applicant (and are together referred to as the Applicant).   12)     The Panel reminded the Applicant that the sale of alcohol could not be considered in this application in accordance with Street Trading Condition 26 in appendix iii of the Street Trading Policy. The sale of alcohol would need to be added to their Temporary Street Trading licence. The Applicant can also apply for either a Premises Licence to cover the entire market or a Temporary Event Notice for individual stalls, however, this would have to be a separate application. This was accepted by the Applicant. The Panel would also like to remind the Applicant that if a Temporary Event Notice is obtained, they may need to cordon off the area where alcohol is purchased and consumed.   13)     The Panel was informed that the market operates on the 1st Sunday of the month, and the objective is to make a difference to the Borough and invest back into the community. The Panel also heard that the presence of the market also increases footfall to nearby shops. In addition, the Panel were informed that the market has been operating for 5 years and has a good record of supporting the local community. Volunteers also assist with running flower market.   14)     The Application states that the stalls are either 6 metres wide or 3 metres wide. The set up is irregular as it varies based on the needs of the individual trader operating the stall. In addition to flowers, the Panel heard, that food was also sold; mainly crepes. The Panel heard that the food vendors are responsible for bringing their own water, removing their own waste at the end of the day, and are able to use the local pub for hygiene purposes.   15)     The Panel heard that the Applicants publicised the accessible routes nearby. They also have Marshalls on site to assist with the movement of pedestrians. In addition, the Applicants themselves are present and visible to deal with issues that may occur.   16)     Councillor Gill spoke of the benefits to the area in having the market and his continued support over the years. He also spoke of the benefits of the market, for example the benefit to the local economy and that they have brought in grants which benefit the area. Councillor Gill expressed his support for, and commended the Applicants on the management of, the market.   17)     The Panel also heard from Councillor J Biddolph who made comments following correspondence she had received from local residents, who felt they were excluded from the market by reasons of their disability. The Panel heard that wheelchair users said that there was no space for them to stop without them feeling that they caused an obstruction. Councillor J Biddolph suggested that some space between stalls could help to alleviate these concerns but that space between every stall was not necessary. Councillor J Biddolph also commended the Applicants on their management of the market.   18)     The Panel felt that having a space between stalls at different points in the market would benefit residents who have mobility issues, by providing a refuge space which would not interfere with the flow of foot traffic. The Panel also felt that space between every stall was not needed, especially to allow flexibility of layout of pitches within the licensed area.   DECISION:   19)     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.   20)     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. The Panel is also satisfied with the Applicant’s organisation and marshalling of the market, including their emergency procedures.   21)     The Panel has 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 20 and 21, namely the area between Chiswick High Road and Linden Gardens to past Brackley Road up to the Metro Bank in Chiswick. The market is proposed to run between 7am to 5:30pm every 1st Sunday of the month from 4th January 2026 to 7th June 2026 inclusive.   Conditions Attached by the licensing Sub-Committee:   22)     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.   23)     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.   24)     The applicant must monitor to ensure that stalls are more than 1 metre distance from the benches and are accessible.   25)     For every 12-metres of stall frontage, there must be a minimum unobstructed gap of 50 cm between stalls. Within these 12 metres, the Applicants are free to arrange stalls in a suitable configuration provided that the gap is maintained.   26)     Traders must at no time obstruct those businesses on Chiswick High Road who hold a pavement or temporary Street trading licence.   27)     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.   28)     The ingress and egress routes must at no point be obstructed by the market for emergency services or utilities.   29)     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.   30)     The licence holder must ensure that all appropriate road closures are applied for and approved prior to the date of the market being held.   31)     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.   32)     The Licence holder must ensure clearance of the market by 5.30pm.   33)     Condition 48 of the standard Temporary Street Trading Licence conditions does not apply as the Council no longer issues ID passes to market holders.   Additional Conditions agreed by the licence holder:   34)     Stalls will be positioned such that sight line obstruction does not occur.   35)     Traffic Road signs will be kept clear of any obstructions.   36)     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.   37)     Marshalls will be informed of the necessity to keep clear sightlines at junctions.   38)     Any breaches will be reported to the site manager and immediately dealt with   39)     Stall holders nearest the road junctions will be informed of their responsibility.   40)     If deemed necessary, a barrier will be put up at each junction on the pavement to warn pedestrians of the access road.   41)     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.