The Licensing Committee of Hammersmith & Fulham Council met on Monday 30 September 2024 to review the annual licensing report and discuss a draft policy for markets and street trading. The committee noted a decrease in licensing applications and hearings compared to the previous year, and reviewed financial performance and enforcement activities. A new draft policy for markets and street trading was presented, aiming to professionalise market management and improve relationships with traders.

Annual Licensing Committee Report April 2023 to March 2024

Adrian Overton, Licensing Policy & Enforcement Manager, presented the annual report, covering staffing, team performance, financial updates, licensing sub-committee hearings, and enforcement activities for the period April 2023 to March 2024.

Staffing Update: The team experienced staff changes due to maternity leave, with temporary cover in place. Recruitment for a Licensing Enforcement Officer and a compliance assistant was underway.

Team Performance and the Licensing Act 2003: The service handled 1269 applications and notifications under the Licensing Act 2003, a 6% increase from the previous year. While new premises licenses and full variations remained stable, there was a decrease in personal licenses, transfers, minor variations, and Temporary Event Notices (TENs). Applications for provisional statements, primarily related to the redevelopment of Olympia Exhibition Centre, saw a decrease.

Licensing Sub-Committee Hearings: There was a 15% decrease in hearings compared to the previous year, with 3 reviews heard compared to 1 in 2023/24. Most applications heard were under the Licensing Act 2003, including one review and one sexual entertainment venue license.

Financial Update: Total income generated from licensing activities was £337,875. Application fees are set by statute and cannot be amended by local authorities. Total overdue licensing debt stood at £20,895 as of 31 March 2025, an increase from £16,000 the previous year.

Licensing Enforcement: The Enforcement Team received 246 complaints, issued 56 warning letters, and conducted 158 visits and inspections. 212 full risk assessments were undertaken, and 51 meetings were held with businesses, multi-agency groups, and residents.

Pre-Application Advice Service and Service Improvements: The pre-application advice service, which generated £2,229 in income, was highlighted as providing excellent value for money, particularly for small independent businesses who receive free advice. Achieved improvements included a new, more restrictive Gambling Policy with new cumulative impact areas and gambling vulnerability zones, the development of a new Night Time Strategy, increased work with partner agencies, and migration to a new case management system. Planned improvements include a business-friendly Licensing Service Review, a review of the Licensing Policy with new proposed hours, finalising the Night Time Strategy, new fees for Film Ratings, and a possible new Sex Establishment Policy focusing on performer welfare.

Gambling Policy 2025-2028: Key changes include the production of a new evidence base (Local Area Profile), the introduction of 5 new gambling vulnerability zones and three cumulative impact areas where new gambling applications are presumed to be refused, a reduction in the terminal hour for AGC and Bingo premises to 10pm, and a requirement for door supervisors from 10pm onwards. The borough's current no casino resolution will continue. Councillor Wesley Harcourt raised concerns about dependency issues and the location of gambling premises near areas of deprivation and addiction support centres. A judicial review concerning the gambling policy was ongoing, focusing on cumulative impact areas and gambling vulnerability zones.

The Night Time Strategy: The strategy aims to boost the economy by supporting existing businesses, attracting new investment, and creating a welcoming, safe, and inclusive post-6pm environment. Progress includes online workshops, research, night tours, and night audits of town centres. Councillor Wesley Harcourt inquired about the strategy's progress and its consideration at Full Council. Adrian Overton confirmed that the strategy was an internal council matter requiring final approval.

RESOLVED: The Committee noted the contents of the report and provided comments, suggestions, or recommendations for the team.

Draft Markets and Street Trading Licensing Policy 2025-2030 and Updated Prescribed Standard Conditions for Street Trading Licences

Valerie Simpson, Assistant Director Environmental Health and Regulatory Services, presented the report on the draft Markets and Street Trading Licensing Policy. The policy aims to attract and retain traders, address economic challenges, demonstrate the wider value of markets, professionalise market management, and improve relationships with traders.

Key updates include revised standard conditions for street trading licences and a revised list of commodities. The policy also addresses shop front licences, the declaration of Market Rights, designating the whole borough for regulated street trading, and details on consultation proposals and the enforcement policy.

Councillor Wesley Harcourt raised questions regarding the responsibility for licensing pavements and shop fronts, noting the overlap with Highways and the increasing prevalence of café culture. Valerie Simpson clarified that pavement licences are managed by Highways, while shop front licences fall under the Markets Team. Environmental concerns regarding ice cream vans and power generators were discussed, with a commitment to review the policy on prohibiting engine idling and exploring electric alternatives. The Council's prohibition of single-use plastics was confirmed. The number of permanent market pitches has decreased since the pandemic.

Councillor Asif Siddique questioned the inconsistency in pavement usage policies between Uxbridge Road and King Street, and the regulation of Shepherd's Bush Market, which is leased from a private operator. Valerie Simpson explained that while officers conduct inspections for food safety and counterfeit goods, the private operator is responsible for issuing licences and regulating traders. The accessibility of the licensing policy for new traders was also discussed, with officers visiting markets to offer advice and guidance.

Councillor Patrick Walsh inquired about ensuring compliance with regulations, given their technical nature. Valerie Simpson explained that the Council's initial approach is to advise and guide traders, with enforcement taking time due to the number of high streets and commercial areas. Advice and guidance could be delivered borough-wide within six months, with enforcement prioritising high-risk areas.

Councillor Jacolyn Daly sought clarification on which markets were subject to regulation and the requirements for stallholders at Farmers Markets. Valerie Simpson confirmed that all markets are subject to regulation, and while Farmers Markets have unique characters, the policy aims to support innovation and diversity.

Councillor Dominic Stanton asked about the purpose of the Declaration of Market Rights, which Valerie Simpson explained is a technical area governed by overlapping legislation and not intended to prevent new markets.

RESOLVED: The Committee approved for consultation the updated Prescribed Standard Conditions for Street Trading Licences, the updated Regulation of Commodities for Street Trading Licences 2025, and the draft Markets & Street Trading Licensing Policy 2025–2030. They also noted the Inclusive and Accessible Markets and Street Trading Guidance. Following consultation, the final policy, conditions, and regulation of commodities can be approved under delegated authority. Approval was also given for officers to consult on proposals to declare market rights and to designate the whole borough or more streets for regulated street trading activities.

Discussion of Exempt Elements

The sub-committee agreed to exclude the public and press from the meeting during the consideration of certain items due to the likely disclosure of exempt information relating to the financial or business affairs of any particular person.