Rival market licence

We may claim for disturbance if a market is held or intended to be held, without consent. We can recover damages and/or apply for an injunction to prevent the disturbance.

The process

If the market has already taken place, we would issue a claim form at the County Court. If the market hasn't gone ahead, we would apply for an injunction to be heard in order to prevent it from taking place.

The evidence required includes:

• Proving our possessory right (the charter) to hold a market
• Proving that we exercise the right to hold the market
• Proving 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
• Proving that appropriate actual losses were 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)

Other temporary markets

Any other temporary market (for example, car boot sale, craft fair) which is held outside our Royal Charter is subject to section 37 (Temporary Markets) Local Government (Miscellaneous Provisions) Act 1982.

Where an occupier of land intends to hold a temporary market, they must give notice to us at least 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.

The number of markets allowed under this legislation is limited to 14 separate markets in a 12 month period. If more than 14 markets are needed in a 12 month period, planning consent will be required from either us or Leicestershire County Council. 

If a market is held outside of the six and two thirds of a mile area, an application must be made to the relevant council (which may be us) for consent for a temporary market.

Last updated: ‎31/03/2023 07:31