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nabma - The voice of local authority markets
When Is A Market Not A Market?
It is clear that market rights remain a contentious issue. Following my article, prior to Christmas, on the subject of market rights I received several emails from market operators telling me of alleged poor treatment by local authorities in respect of applications to hold markets.
NABMA’s role is to provide advice on good practice and I am therefore not in a position to make a judgement on the allegations about individual local authorities but the fact that market rights continue to raise issues indicate that market rights still have a high profile in many areas.
The standard definition of a ‘market’ is ‘a concourse of buyers and sellers’ but in terms of considering this definition in more detail it is necessary to ascertain how many stalls, etc. comprises a market. The only real guidance we have on this point is found in Section 37 of the Local Government (Miscellaneous Provisions) Act 1982 when there is a reference to at least five stalls, stands, pitches, etc.
Having cleared the initial requirements we need to consider one particular issue that is assumed more relevance in the context of the Mary Portas review.
Many markets, particularly in London, are held in streets but, in reality, are these markets really markets in the true sense of the definition of the market?
A legitimate market operator has the right to hold a market under Royal Charter, Letters Patent,
Prescription, Custom and Practice, and/or local and national legislation. Such lawful authority also carries with it the right to control other markets within six and two-third miles. However, while these legal provisions provide the right to hold a market they do not necessarily provide a right to set up a market in a street or anywhere else. The right to use land for the purpose of the market is quite different from the right to hold the market.
Many street markets are operated under the Street Trading Provisions in the 1982 Act and London Legislation. These markets are subject to a regulatory regime prescribed by legislation. However, very importantly, these markets do not carry with them the right to control other markets as described in the last paragraph. In this respect are markets operated under Street Trading Provisions really markets in the strict legal sense?
They look like a market, they are often described as a market and they may have the characteristics of a market but a true market carries with it the right to control other markets within a six and two-third miles radius.
Street markets operated under market powers will often need to be supported by an Order closing the street given that the market operator cannot simply use market powers to set up a market without regard to other legal provisions that might govern the highway or land where it is proposed to hold the market. Many market operators often face difficulties in securing the relevant approval to hold a market in a street as closure itself might not be sufficient to authorise the holding of a market.
Mary Portas supports markets as a catalyst to revitalise the High Street. She also urges the Government to relax regulation. Perhaps one area that might be addressed is a relaxation in the ability to hold markets in streets so that when a market operator wants to implement such an arrangement it can be done quickly and effectively.
Next month I want to talk about Mary Portas’s proposal for a National Market Day. The market industry organisations are currently looking at ways in which this proposal can be taken forward and we hope to be putting out information in the next few weeks.
Graham Wilson,
Chief Executive,
Nabma
National Association of British Market Authorities
The Guildhall, Oswestry,
Shropshire SY11 1PZ.
Tel: 01691 680713
Email: nabma@nabma.com
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