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 18 March 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 59
market stalls between Linden Gardens and Devonshire Road plus the
area between Devonshire Road and Annandale Road, Chiswick as per
the plan shown at page 15 of the Agenda,
for the purposes of a Cheese Market. The application also seeks
permission to use up to 6 A boards. The market was proposed to run
between 9.30am to 3.00pm every 3rd Sunday of the month
from 18th May 2025 to 19th October 2025,
inclusive.
 

3)       
The Applicant had been operating the Cheese Market
in Chiswick for a few 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
was shown at Appendix B.
 

4)       
During the consultation process the Licensing
Authority received 1 representation from a resident, which was
shown at Appendix C. This expressed concerns such as the
interference with pedestrian access and bike racks in the proposed
site, congestion and parking issues by the market traders, health
and safety issues and the risk of harm / lack of escape routes if
there were to be an incident.  The
representation was similar to one made
by the same objector against the Applicant’s previous
application, save that it expressed more concern over the potential
for health and safety in the event of an incident. 
 

5)       
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
 

6)       
Jules Kane and Lucy Cufflin were present for the Applicant (and were
together referred to as the Applicant), with the objector not
attending.
 

7)       
The Panel was taken through the procedure for the
setting up and dismantling of the market and market stalls, which
involved the car park accommodating the market area being closed
off around midnight, and traders arriving from around 7.00am to
start setting up their stalls to begin trading at
9.30am.  A lot of the traders had stalls
at more than one market, and so they would drop off equipment and
personnel before going on to the next market, and similarly they
would drive around the markets to collect their items when the
markets closed.  Therefore, a number of traders did not need to park in the
area.   Those traders who did need
to park did so in the neighbourhood, and the Applicant was
exploring the possibility of securing a small car park area for
them.
 

8)       
The stalls themselves were marked out in 3m spaces,
and whilst this was not shown in the plan to the application, there
was also a 1 metre space between each stall that was wide enough
for someone to walk down and that provided a further route of
escape if needed.  The market usually
consisted of around 7 stalls that were 2x2 metres in size, with the
rest being 3x3 metres in size, although there was some limited
scope for this to change within the confines of the market
space.
 

9)       
Regarding other issues raised by the objector, the
Panel was informed the bicycle rack area had been removed and the
marshalling of the market and the emergency and evacuation
procedures were also explained.  This
included how emergency vehicles could access the site if
required.
 

10)    
The Applicant estimated that there were only a
couple of hundred people in attendance at any one time and the last
time they monitored the actual number of attendees was during
Covid, when around 4,500 people attended the market during the
day.
 

11)    
The Applicant also confirmed they had approval from
Hounslow Highways to operate the market from the proposed
site.
 
 
DECISION:
 

12)    
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.
 

13)    
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 cheese and therefore has 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.
 

14)    
The Panel has therefore decided to GRANT the
application for a temporary street trading licence for a maximum of
59 stalls and 6 A boards, in the location shown in the plan to the
Application shown at page 15, namely the area between Linden
Gardens and Devonshire Road, and between Devonshire Road and
Annadale Road, Chiswick.  The market is
to operate between 9.30am to 3.00pm on the 3rd Sunday of
the month from 18th May 2025 to 19th October
2025, inclusive.
                                                            

15)    
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 was deleted.
 

16)    
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.
 

17)    
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.