A Tale of Two Market Stalls

The photo shows two market stalls in Bath's Historic Guildhall  Market (taken from Google Streetview).

According to the local Planning Department,one of these two stalls is completely acceptable in Planning terms - it "causes no harm".  Even though it was constructed without Listed Building Consent, enforcement action is not expedient, and no Listed Building Application is required.

The other stall, according to the same Planning Department, is "too enclosed and too much like a shop".  The Planning Department are insisting that the stall is unacceptable in Planning terms, and that a Listed Building application must be submitted.

Can you tell which is which?