Councillor Mercy Umeh, Chair of Licensing Committee, led a meeting of the Licensing Committee, where members reviewed the annual licensing report, covering April 2024 to March 2025, and discussed a new draft Markets and Street Trading Licensing Policy. The committee agreed to put the updated Prescribed Standard Conditions for Street Trading Licences, the updated Regulation of Commodities for Street Trading Licences 2025, and the draft recommended Markets & Street Trading Licensing Policy 2025 – 2030 out for consultation. They also agreed to allow officers to consult on a proposal for the council to declare market rights, and a proposal to designate the whole borough or more streets for regulated street trading activities.

Annual Licensing Committee Report

Adrian Overton, Licensing Team Manager, presented the annual report, highlighting staffing updates, team performance, financial updates, licensing subcommittees, enforcement, and current licensing policies.

Staffing and Performance

The licensing team has seen a 14% decrease in applications and a 7% decrease in temporary event notices compared to the previous year. However, Mr Overton noted that the previous year saw an exceptionally high number of applications due to one-off developments like Olympia Exhibition Centre. The number of gambling premises continues to decrease, with a rise in bingo premises applications and a decline in betting shops, likely due to online gambling competition.

Licensing Subcommittees and Finance

The number of licensing subcommittees has reduced, but the number of applications granted has increased. Gross income has fallen due to a reduction in applications and annual fees, while overall licensing debt has risen slightly. The council is working with a licensed trade charity to support struggling businesses.

Enforcement and Service Improvements

The enforcement team has been busy, dealing with 246 complaints, despite struggling to recruit an enforcement officer. A gambling policy was introduced at a full council meeting in January, including new gambling vulnerability zones and cumulative impact areas. The policy has been judicially reviewed, and the council is defending it robustly. A nighttime strategy is in the final stages of introduction, aiming to create a special focus on the borough's three town centres: Fulham, Hammersmith and Shepherd’s Bush.

Questions and Concerns

Councillor Wesley Harcourt, Cabinet Member for Climate Change and Ecology, inquired about dependency issues related to gambling and whether there was any evidence to show it was increasing. Mr Overton confirmed that they were working with public health colleagues on this and that gambling premises are often located in areas of high deprivation and close to addiction support centres.

Councillor Harcourt also asked about the nighttime strategy and whether any changes had been seen. Mr Overton responded that another evidence gathering study would be needed after the strategy's introduction to assess its impact. He also noted the importance of communication to address resident objections to late extensions.

Councillor Asif Siddique, Lead Member for Support for Older People, asked about the judicial review of the gambling policy and whether it was affecting recruitment of enforcement officers. Mr Overton clarified that the judicial review wouldn't impact recruitment, but having an enforcement officer would allow for more inspections of licensed premises.

Councillor Jacolyn Daly, Chair of Housing and Homelessness PAC, sought clarification on the judicial review, specifically whether it involved all areas of the policy or focused on specific areas. Mr Overton explained that it mainly focuses on the policy's presumption to refuse new licenses in cumulative impact areas and gambling vulnerability zones, as well as the reduction of bingo premises hours to 10 pm.

Councillor Daly also asked what would constitute an exceptional circumstance for a betting shop to open in a restricted area. Mr Overton responded:

when anybody makes a gambling application they need to provide information how they're not going to provide how they're not going to cause any adverse issues in terms of the gambling objectives to to the to the to the local area and i think if they could show that they had certain management procedures or controls in place then then it may be that i mean it obviously wouldn't be our decision as officers it may be that members would decide that actually in those circumstances that they might allow you know another betting shop

The committee agreed to note the comments and content of the report.

Draft Markets and Street Trading Licensing Policy 2025-2030

Valerie Simpson, Assistant Director (Environmental Health and Regulatory Services), presented a report on the draft Markets and Street Trading Licensing Policy 2025-2030 and updated prescribed standard conditions for street trading licenses.

Key Functions and Priorities

The main function is issuing licenses to ensure traders are trading legally and safely. The team also provides advice and support, sets and monitors compliance, and ensures compliance with health and safety legislation. The three main markets are North End Road, Lyric Square and Wood Lane Food Market. Priorities include retaining traders, helping them overcome economic challenges, demonstrating the wider value of markets, managing markets professionally, and improving relationships with traders.

Policy Elements and Standard Conditions

The key things in the policy are promoting consistency, inclusivity, and fairness, providing clear legal guidance, and ensuring legal compliance. It covers different street trading activities, privately operated market operators, and issues like ice cream vans. The policy also addresses health and safety, environmental protection, and trader conduct. The updated standard conditions focus on public health and safety, product safety, fire safety, and accessibility.

Revised Commodities and Market Rights

The revised commodities list is simpler and gives traders more flexibility. The policy also discusses declaring market rights to protect council-run markets and designating the whole borough for regulated street activities to widen business trading opportunities.

Consultation and Recommendations

The committee was asked to approve the recommendations to allow an eight-week public consultation to start around 7 July and end on 1 September.

Questions and Concerns

Councillor Harcourt raised concerns about licensing pavements and shop fronts, particularly with the increase in cafe culture. Ms Simpson clarified that pavement licenses fall under highways, while shop front licenses are for commodities. Councillor Harcourt also inquired about policies for electric ice cream vans and ensuring no single-use plastics at temporary events. Ms Simpson confirmed there are rules against idling and that the team enforces the single-use plastics policy.

Councillor Siddique asked about pavement coverings on Uxbridge Road and King Street, and whether there was a different policy implementation. Ms Simpson clarified that the same rules apply regardless and that enforcement and monitoring are key. Councillor Siddique also asked how the licensing policy is accessible for new traders, such as farmers markets. Ms Simpson responded that the website is updated to make information easier to find and that officers guide applicants through the process.

Councillor Walsh asked how the council is ensuring compliance is as simple as possible, given the technicalities involved. Ms Simpson responded that the first step is always to advise and guide businesses, and that they would consult with highways and land registry to establish boundaries. Councillor Walsh also asked how long it would take to contact all businesses in the borough, and Ms Simpson estimated it could take around six months to make sure everyone's aware of that advice across the borough.

Councillor Daly asked whether the policy includes markets like Bishop's Park Food Market, Addison Farmers Market and Hammersmith Road Food Markets. Ms Simpson confirmed it would be included as part of the consultation to have borough-wide consistency. Councillor Daly also raised concerns about the policy being onerous for smaller markets and potentially changing their unique vibe. Ms Simpson assured that it's not meant to be restrictive and that they would specifically consult with those markets to understand any issues.

Councillor Daly asked about the declaration of market rights and how it's implemented, given the proximity of other boroughs with their own markets. Ms Simpson responded that it gives the council more control and that there is a process around consultation to do that.

The committee agreed to the seven recommendations set out in the report.