Agenda item

Valerie Simpson, Assistant Director Environmental Health and Regulatory Services provided a report which provided the details and rationale for having a new H&F Markets & Street Trading Licensing Policy. This also provided an update to the prescribed standard conditions and the list of commodities. The presentation covered the following points:

• Key Functions and the remit of the Markets and Street Trading Team.
• The Council’s five priorities and aspirations:

1. Attracting and retaining new traders.
2. Addressing the economic challenges of the market.
3. Demonstrating the wider value of markets.
4. Professionalising Market management.
5. Improving relationships with Traders.

The key benefits for adopting a Markets and Street Trading Licensing Policy.

• Key updates to the standard conditions for Street Trading Licenses.
• Details on the revised commodities list.
• Information on the following:

1. Shop front licences.
2. The declaration of Market Rights.
3. Designating the whole borough for regulated street trading activities
4. Details on the Market and Street Trading consultation proposals and the revised timetable for formal adoption.
5. Details on the Enforcement Policy and speaking to Traders.

Questions?

Councillor Wesley Harcourt enquired whether the responsibility for licensing pavements and shop fronts, particularly in light of the increasing prevalence of café culture, lay with the Markets Team or the Licensing Team.

In response, Valerie Simpson, Assistant Director for Environmental Health and Regulatory Services, clarified that following the COVID-19 pandemic, pavement licences had been introduced and were now managed under Highways. She explained that Highways were responsible for setting operational hours and other related conditions. Valerie Simpson confirmed that Highways did consult with relevant internal departments, particularly in relation to issues such as noise nuisance. However, she acknowledged that there was a significant overlap between the functions of Highways and Markets, and suggested that this could be explored further.

Regarding ice cream vans, Councillor Wesley Harcourt asked whether the Council had a policy prohibiting the use of diesel or petrol-powered vehicles, advocating instead for electric alternatives. Valerie Simpson responded that she was uncertain whether this was explicitly stated in the policy, but confirmed that there were regulations in place prohibiting engine idling. She undertook to review the policy, noting that similar environmental concerns applied to the use of power generators at market sites. She added that while North End Road was equipped with electricity points, other market locations were not, resulting in the use of generators, and queried whether this issue was being addressed within the policy framework.

Councillor Wesley Harcourt emphasised the Council’s commitment to becoming a green borough and improving air quality, and expressed the view that such environmental considerations should be incorporated into relevant policies.

Turning to the use of single-use plastics at temporary events and market stalls, Councillor Wesley Harcourt asked whether Council contracts permitted their use. In response, Valerie Simpson confirmed that the Council prohibited single-use plastics and actively enforced this condition. She explained that the Markets Team worked collaboratively with other departments, including Food Safety and Trading Standards, and had undertaken a dedicated project in the previous year to ensure compliance and follow-up with traders.

In closing, Councillor Wesley Harcourt asked about the number of permanent market pitches, noting that there were currently 35. He queried whether this represented an increase, decrease, or a stable figure, and whether there was a specific target in place. Valerie Simpson confirmed that the number had decreased, citing vacant pitches on North End Road, in contrast to a waiting list for Lyric Square. She concluded that overall, fewer pitches were operating since the pandemic.

Councillor Asif Siddique observed that a significant amount of pavement space was utilised on Uxbridge Road, whereas such use was prohibited on King Street, and queried the lack of a consistent policy.

In response, Valerie Simpson, Assistant Director for Environmental Health and Regulatory Services, clarified that where pavement use occurred on the public highway, traders were required to obtain a licence. She noted that exceptions existed, such as trading on private forecourts, which were not subject to the same licensing requirements.

Councillor Asif Siddique further enquired who held responsibility for regulating Shepherd’s Bush Market, given that traders leased space from a private operator, and whether Council officers continued to undertake enforcement visits. Valerie Simpson confirmed that officers did carry out inspections to ensure food safety and to prevent the sale of counterfeit goods. However, she explained that the responsibility for issuing licences and regulating traders rested with the private market operator.

Councillor Asif Siddique asked whether the Council’s licensing policy was business-friendly and accessible, particularly for new traders, referencing the Farmers Market previously held in Ravenscourt Park. Valerie Simpson responded that officers had recently updated the Council’s website to improve access to information for businesses. She added that officers also visited markets to offer advice and guidance, and the Markets Team engaged directly with traders through conversations and email communications. The Committee welcomed the proactive approach taken by officers in guiding traders through the application process, including the provision of necessary forms and advice on fees and charges.

In relation to mobile counters outside shops, Councillor Asif Siddique asked whether separate permissions were required for selling mobile phones or conducting mobile phone repairs. Valerie Simpson confirmed that the same rules applied as for shopfront licences. If trading occurred on the public highway, a licence would likely be required; however, if the activity took place on a private forecourt, an additional licence would not be necessary.

Councillor Patrick Walsh noted that Highways held responsibility for regulating tables and chairs on pavements, but that this did not apply to private forecourts. He asked how the Council ensured compliance was straightforward, given the technical nature of the regulations and the potential for traders to misunderstand their category or obligations. In response, Valerie Simpson explained that pavement licences were linked to premises selling food or drink, whereas shopfront licences related to the sale of goods and services. She emphasised that officers did not expect businesses to be familiar with the relevant legislation and confirmed that the Council’s initial approach was always to advise and guide traders.

Valerie Simpson acknowledged that implementing and enforcing shopfront and pavement licences would take time due to the number of high streets and commercial areas across the borough. Councillor Patrick Walsh asked how long it would take to contact all businesses once approval to proceed had been granted. Valerie Simpson responded that Regulatory Services currently had two vacancies, but worked collaboratively with other teams, including the LET. She explained that the Council aimed to engage with businesses in specific areas simultaneously to ensure fair and consistent treatment. If fully staffed, she believed the Council could disseminate information quickly through pre-planned communications. However, enforcement could take longer if multiple visits were required. She confirmed that priority would be given to areas with the highest risk of non-compliance and estimated that advice and guidance could be delivered borough-wide within six months. The enforcement policy would adopt a graduated approach, recognising the complexity of the law and the importance of ensuring traders understood their individual circumstances.

In relation to the regulation of regular markets at North End Road, Lyric Square, and Wood Lane, Councillor Jacolyn Daly asked whether this included Bishop's Park Food Market, Addison Farmers Market, and the Hammersmith Road Food Markets. Valerie Simpson confirmed that these markets were subject to the same regulations.

Councillor Jacolyn Daly asked what regulations applied to stallholders at Farmers Markets who made and sold their own produce, and how onerous these requirements were. Valerie Simpson explained that the Events Team managed Farmers Markets and sought consistency in regulation. Traders were asked to provide health and safety information, and officers supplied contact details for further support.

Councillor Jacolyn Daly noted that Farmers Markets often had a unique character and expressed concern that the policy appeared onerous and difficult to comply with. She emphasised the importance of preserving the distinctive nature of smaller, specialist markets. Valerie Simpson confirmed that the policy was not intended to be restrictive and that there was no desire to hinder diverse and creative forms of food retail. She stated that the consultation process would include discussions with traders to determine whether the policy was overly restrictive and whether adaptations were necessary to support innovation.

Councillor Dominic Stanton asked about the implementation and purpose of the Declaration of Market Rights, noting that Hammersmith and Fulham was surrounded by other boroughs with their own markets, such as Borough Market. Valerie Simpson responded that this was a technical area governed by overlapping legislation. She explained that the purpose of the Declaration was not to prevent the emergence of new markets. The consultation would include an explanation of the Declaration and its function, as had been done by other local authorities.

Councillor Wesley Harcourt asked how the Council determined which parts of the highway or pavement belonged to premises. Valerie Simpson acknowledged that this was difficult to define, as the space varied between premises. She emphasised that pavement usability was a key safety issue, particularly for residents using wheelchairs or pushchairs, and confirmed that ensuring a consistent approach was a priority.

RESOLVED

That the following recommendations were agreed:

1.    That the Licensing Committee approves for consultation the updated Prescribed Standard Conditions for Street Trading Licences, at Appendix 1.

2.    That the Licensing Committee approves, for consultation, the updated Regulation of Commodities for Street Trading Licences 2025, at Appendix 2.

3.    That the Licensing Committee approves for consultation the draft recommended Markets & Street Trading Licensing Policy 2025 – 2030, at Appendix 3.

4.    That the Licensing Committee notes the Inclusive and Accessible Markets and Street Trading Guidance at Appendix 4, that has been co-produced with the Inclusive Environment Disabled Residents Team.

5.    That the Licensing Committee agrees that after consultation, the final policy, the prescribed standard conditions and the Regulation of Commodities can be approved under delegated authority by a Licensing Sub-Committee or the Cabinet Member for Enterprise and Skills.

6.    That the Licensing Committee provides approval for officers to consult on a proposal for the council to declare market rights.

7.    That the Licensing Committee provides approval for officers to consult on a proposal to designate the whole borough or more streets for regulated street trading activities.