A market shall be deemed a rival market irrespective of the type of goods sold or the general nature of the market. The legal definition of a market, being 'a concourse of buyers and sellers', shall apply in determining whether an event such as a car boot sale, antique fair, craft fair, etc., shall be deemed a rival market. A licence is required if the rival market is to be held within 6 2/3 miles of a market place.

Hinckley & Bosworth Borough Council has a Royal Charter, that as a market town, we can hold a market. As the owner of this charter we have 'market rights'. One of these rights is a common law right to be protected from disturbance. A claim for disturbance is a claim for damages or other remedy (such as an injunction) where there is any unjustified interference with the market rights.

This includes a right to be protected from disturbance by a rival market or fair within 6 2/3 miles from where the market is held. The holding of a rival market or fair within this common law distance is justified where:

1. The consent or licence of the owner of the franchise (the market rights) is given
2. By statute or
3. By grant of the crown

Hinckley & Bosworth Borough Council has a policy whereby a person intending on holding a rival market applies for a licence from HBBC. The procedure is that when an application is received by the Licensing Section we consult with the County Council Highways department and the Planning department and this then helps to determine whether we will grant a licence.

Enforcement
Where there is no consent given or even sought and a rival market is held/intended to be held then there is potentially a claim for disturbance, the council can recover damages and/or apply for an injunction to prevent the disturbance.

The procedure which would have to be followed if we were to claim for disturbance is to issue legal proceedings by way of issuing a claim form at the County Court. If we were to be seeking an injunction we would also have to make an application for this to be heard. The evidence required includes, proving our possessory right (the charter) to hold a market. Proving that the market, or the right to hold one is exercised, that there were acts of disturbance (a rival market was held or is intended to be held), any evidence to show the intention for the disturbance to continue, and where appropriate actual losses incurred to support a claim for damages.

It is for the Court to determine the level of damages and whether or not an injunction is granted.

Any other temporary market is subject to s37 (Temporary Markets) Local Government (Miscellaneous Provisions) Act 1982.  Where an occupier of land intends to hold a temporary market, they must give notice to the Borough Council not less than one month before they intend to hold the market. This is unless the proceeds are for purely charitable, sporting, social or political purposes. A person who does not give the required notice is guilty of an offence.

Please click on the forms below to download an application form and the guidance notes which set out the application process and the councils policy on Rival Market licences.

Alternatively you can apply online