Issue - meetings

-           Strategic Director of Environment and Development Services to report.

Councillor Smith, Cabinet Member for Regeneration and Development Services, introduced a report by the Strategic Director of Environment and Development Services which referred to the review of Rotherham Borough Council’s Market Franchise Rights Policy in respect of market type events operated by defined organisations for sporting, social, charitable and political fund raising purposes and for those that were privately operated for commercial gain. The changes in policy outlined in this report would align the Council’s policy with European Anti-Competition legislation and allow for the establishment of commercial market operations subject to eligibility criteria being met.

Rotherham Council, as a Markets Authority held the powers in the form of Market Franchise Rights to operate markets within the Borough free from disturbance from rival markets. These rights allow the Council to create and operate its own markets, license or if necessary prevent through injunctive relief all rival markets within a 6 and 2/3 mile radius of any market it currently operates or licences. 

By virtue of its statutory powers the Council enjoyed market rights throughout Rotherham. All markets held in Rotherham were licenced and operated in accordance with the provisions of Part III of the Food Act 1984. The statutory powers afforded to the Council under the provisions of Part III of the Food Act 1984 enabled the Council to:-

a) implement a markets policy within its area;

b) operate markets within Rotherham;

c) consider applications for other markets; and

d) determine whether such markets can be held by way of consent.

The existing Council policy allowed defined organisations, who wished to hold a temporary market for fund raising purposes which would otherwise infringe the Councils market franchise rights; to operate up to three car boot/table top sales/community markets per annum for a one off licence fee of £20. This policy aimed to allow genuine fund raising organisations to all have a fair ‘bite of the cherry’ and stop any one organisation dominating to the detriment of others.

Current practice had also been to licence for a nominal fee, events not run by the Council if they were either of strategic value to the Council or of a specialist nature such as collectors or computer fairs etc. and they did not pose any financial risk to the Council’s own operations. Historically, Council policy had always been to exclude the licensing of commercial retail markets that would have a detrimental effect on the Council’s own retail markets.

The Council's consent to a market, by the grant of a market licence, must be given prior to the event taking place. Any market that takes place without such a licence was in breach of the Markets Policy and may be subject to the enforcement action described in the Policy. Markets were only licensed once an application for a markets licence had been approved (and signed by both the Council and the Market Operator) and the appropriate fee received by the Council.

Recent legislative changes, in particular the European Services Directive have cast doubt upon whether  ...  view the full minutes text for item 258

Consideration was given to a report presented by the Markets General Manager concerning the review of this Council’s Market Franchise Rights Policy in respect of market-type events operated by defined organisations for sporting, social, charitable and political fund-raising purposes and for those that are privately operated for commercial gain. The changes in policy outlined in the submitted report will align this policy with European anti-competition legislation and will allow for the establishment of commercial market operations subject to the eligibility criteria being met.

The report stated that a market, as defined by the Local Government (Miscellaneous Provisions) Act 1982, as being a concourse of buyers and sellers numbering five or more stalls, stands or pitches. Any event that has less than this number is not legally deemed to be a market and as such falls outside of the scope of the proposed policy. The term ‘market’ applies to car boot sales, table top sales and craft fairs.

Rotherham Council, as a Markets Authority holds the powers in the form of Market Franchise Rights to operate markets within the Borough, free from disturbance from rival markets. These rights allow the Council to create and operate its own markets, licence or if necessary prevent through injunctive relief all rival markets within a six and two-thirds miles’ radius of any market the Council currently operates or licences.  All markets held in Rotherham are licenced and operated in accordance with the provisions of Part III of the Food Act 1984

A copy of the Policy was appended to the submitted report.

Resolved:- (1) That the report be received and its contents noted.

(2) That the revised Market Rights Policy and pricing structure, as detailed in the report now submitted, be referred to the Cabinet for adoption by the Council.

(3) That the Market Rights Policy continue to be reviewed at regular intervals.