Decision Maker: Licensing Panel

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: October 22, 2024

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 22 October 2024 The London Borough Of Hounslow, as the relevant Licensing Authority   RESOLVED:  That the application for a Temporary Street Trading Licence for a Sunday market, to be held between 9.30am to 3.00pm on the third Sunday of every month up to and including Sunday 16 March 2025, for 59 stalls and up to 6 A Boards in the area between Linden Gardens and Devonshire Road plus the area between Devonshire Road and Annandale Road, was GRANTED, with amendments to some of the standard conditions in the Council’s Street Trading Policy conditions as set out below.     REASONS:   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, originally sought a temporary licence for up to 60 market stalls between Linden Gardens and Devonshire Road plus the area between Devonshire Road and Annandale Road, as per the plan shown at page 15 of the Agenda, for the purposes of a Cheese Market. Following representations, the number of market stalls sought by the Applicant was reduced to 59 stalls, as per the plan shown at Appendix B, page 19, of the Agenda.  The market is proposed to run between 9.30am to 3.00pm every third Sunday of the month up to and including 16 March 2025.   3)        The Applicant had been operating the Cheese Market in Chiswick for some years through a series of temporary street trading licences, and had an existing Temporary Street Trading Licence that permitted up to 48 stalls located between Linden Gardens and Devonshire Road.   The application before the Panel sought to extend the physical area the market covered to include the area between Devonshire Road and Annadale Road, and also to increase the overall number of stalls from 48 to 59, which was achieved by making a number of the existing stalls smaller so they could accommodate more stalls within the same space shown in the Plan in Appendix B.   4)        During the consultation process, the Licensing Authority received four representations in total.  Two of these came from nearby residents or businesses, one came from the operator of the Chiswick Flower Market, and the other came from the Council’s Investment Opportunities Officer. These representations are set out in Appendix C and Appendix D and raise issues such as the unfair advantage market traders may have over bricks and mortar businesses, concerns over the effect that the extended market may have on footfall through Chiswick High Road, the number of markets that are ongoing, litter concerns, the hours of operation and the effect on traffic and parking.    5)        The Chiswick Flower market and the Council’s Investment Opportunities Officer raised the issue of the original stall number 1 being on the site of a proposed seating area, for which a Traffic Management Order process had been initiated, and, as mentioned in paragraph 2 above, the Applicant subsequently amended their plans to remove this stall from their plan and reduce the overall number of stalls to 59.   6)        Appendix C1 to the Agenda encloses replies from the Applicant to two of the objectors.   7)        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)        At the meeting the Applicant was represented by Jules Kane and Lucy Cufflin.  None of the objectors were present.   9)        In her oral statement to the Panel, Ms Kane addressed some of the issues raised by the objectors, as well as making submissions in support of her application.   She confirmed they were seeking an extension to their existing cheese market, which had a waiting list of new traders wanting to attend, and were looking for a small and manageable increase in the number of stalls in the market.  They stated that the market had become well known and attracted visitors from other parts of London as well as locally, and did not want to adversely affect local bricks and mortar businesses, and only to have a limited number of stalls allowing hot food takeaways.  As a result of the success of the market they said they were able to donate more than £30,000 to charity and support small traders in the cheese industry.   10)    With regard to litter, Ms Kane stated that she arrived on site early on Sunday morning to start clearing up litter in the market area before stall holders arrived, and litter sweeps were carried out during and after the market hours.  On the issue of parking, the Panel was told that most of the traders attended other markets as well so they would arrive to drop off their goods before moving on to the next market.  They also reiterated that they believed that a lot of their visitors came by foot or by tube, as they had noticed a decrease in footfall on days there was an issue with the trains.   11)    She confirmed that they had complied with all health and safety requirements and would that ensure stall holders did so as well.   12)    In response to questions from the Panel, further details were provided about the litter collection and temporary bin placements in and around the market area.  The Panel was told most of their traders were involved in the making and/or selling of cheese and so were used to dealing with food and hygiene requirements.  It was also confirmed via the Licensing Officer that no objection to use the land had been received from the Council, as the landowner of the proposed market site.   13)    The Panel was also informed that traders arrived from 7.00am, and the site was usually cleared by 4.30pm at the latest.  Single use plastics were not allowed and so use of paper or card was encouraged and there was sufficient space for emergency vehicles to get through if necessary.   14)    With regard to the issue of ‘A Boards’, some traders did use these, but the location of such boards was monitored by them to ensure they fell within the area marked out for the stall so that it did not cause an obstruction, eg, to people with visual impairments.  They would be discouraging the use of ‘A Boards’, would not be having one for each stall and would be seeking a licence for six A Boards to be used.   15)    The Panel also asked about the power supply for stalls, and was informed this was by gas and/or electricity, and they ensured these were properly certified. They had also purchased rubber mats to cover any trailing cables.   DECISION:   16)    The Act provides the Council with a measure of discretion when deciding whether to issue a Temporary Street Trading Licence and the Council’s Street Trading 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.   17)    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 both in its existing format and in the enlarged format as set out in its application. The Applicant was able to provide the Panel with responses that reassured the Panel as to the manner in which the market was to operate, including litter clearance, and given its focus on cheese, charcuterie, cheese accompaniments, and having only a very limited number of hot food takeaway stalls, there was less likelihood of a significant overlap with existing shop owners in the area, which should minimise any potential detriment to local shops.    18)    The Panel therefore decided to GRANT the application for a Temporary Street Trading Licence for a maximum of 59 stalls, as per the location shown in the plan shown in Appendix B, namely the area between Linden Gardens and Devonshire Road, and between Devonshire Road and Annadale Road, Chiswick.  The Panel also decided to GRANT permission for the use of up to six ‘A Boards’ at the market.   19)    Given that the Council’s Street Trading Policy is geared towards individual stalls rather than to a market, the Panel also decided to amend conditions 64, 65 and 68 of the standard conditions in the Policy 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.   20)    The Panel was informed that the Council no longer issued ID passes to market or stall holders and therefore condition 48 of the standard conditions is to be removed.   21)    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.