Hold your own market in St Albans

St Albans City and District Council (“we”) have the right to hold markets in St Albans. The Charter (derived from the Letters Patent) was granted by Edward VI in 1553 and has vested the right to act as Markets Authority to hold markets and control other markets held within 6⅔ miles of the city since that time.

This policy sets out how we intend to license other markets to operate within our District.

We recognize the importance of markets in the local economy and the character of the area. They are an important Council service and contribute in many ways to the local communities they serve.

Our markets are described in more detail in Section 2 of this policy and they represent an important investment by the Council in delivering economic regeneration and town centre vitality.

We are keen to maintain the balance of markets throughout our area and ensure that there is consistency in the way that markets are authorised. In this context we have decided to implement a Markets Licensing Policy which sets out the basis upon which markets are approved and the process by which we will consider applications for new markets.

We recognize that there are many different types of market activity and this policy is intended to cater for each type of market. This policy distinguishes between commercial markets and those that are largely community-based, with a strong charitable element. Section 5 of this policy deals with the different types of market and our approach in considering applications in respect of each type of market.

We have consulted the relevant Council sections responsible for licensing, economic regeneration, tourism and town centres in preparing this policy.

We will review this policy every three years.

We operate a Charter market each Wednesday and Saturday in St Albans City centre. The Charter is strictly speaking made by Letters Patent not Royal Charter but is referred to as a Charter Market. It was made in the seventh (and last) year of reign of Edward VI. The right provides for a market on each Wednesday and each Saturday in every week, except for Christmas, when it allows additional charter markets in December. We also operate a predominately food and craft market on the second Sunday of each month under Part III of the Food Act 1984.

The right to hold a market gives the owner of the right certain important powers, including the ability to control other markets held within 6⅔ miles of the market owner’s own market.

We, by virtue of our statutory powers and the Charter, enjoy market rights throughout our area and we can consider applications for market events. Section 5 of this policy sets out the basis on which we will consider applications.

This policy is intended to cover all market events held within our market rights area. In order that potential market operators are fully aware of our definition of a market the following guidelines are provided:

1. the legal definition of a market is a “concourse of buyers and sellers” (this means that the public are entitled to attend market events to buy and sell)
2. a market will comprise of not less than five stalls, stands, vehicles, whether moveable or not or pitches from which articles are sold
3. there will be an operator of the market who will be responsible for the organization and delivery of the event
4. the term “market event” includes car boot sales, antique and craft markets, general markets, farmers’ markets, and charity markets
5. a market may sometimes be held as an integral part of a special event and where this arises the market element will fall within our markets policy

Our markets policy differentiates between markets of a commercial nature and community-based markets which have a strong charitable element. This policy does not cover street trading activities and any such activity as defined in our Street Trading policy should be referred to our Licensing team.

You must obtain consent from us for a market event before it can take place.

We will only license markets once an application for a market licence has been successfully made. Any market that takes place without a such a licence is in breach of this policy and will be subject to enforcement action as described in Section 10.

We will consider an application in respect of the following categories of market events:

1. Community markets
2. Community-based markets with a strong charitable element

The criteria set out in Section 4 will be relevant in respect of both categories of market event.

For both kinds of markets, we will require the following:

1. In respect of any consent the operator must have adequate insurances, comply with trading standards guideline, health and safety requirements, and any other statutory provisions laid down by us.
2. A licensing agreement will be entered into between the operator and us. The licensing agreement must be concluded before the market takes place.
3. We will insist on such other requirements as are deemed appropriate to ensure consumer and public safety standards.

i. Commercial markets

A commercial market is one which is operated for profit and where the traders are engaged in a business activity of selling goods for their own purposes.

We will consider applications for commercial markets will require the following:

1. No market will be authorized within 6⅔ miles of an existing market unless it can be demonstrated that the new market will not undermine the existing market and not prejudice the overall market offer.
2. A fee will be paid in respect of any consent given by us and the fee will be based on the size and frequency of the market. Refer to Section 6 for details of the fees.
3. The goods to be sold on the market will be approved by us.

ii. Community-based markets with a strong charitable element

Community-based markets are organized by local communities or organizations with the intention of raising funds for a specific charity or celebrating a special event.

We will consider applications in respect of community-based markets having regard to the following additional requirement:

The markets must be operated on a non-profit making basis to assist a charity or community event and the operator must supply relevant information to us, if requested.

While it is acknowledged that some traders will be selling goods for their own purposes, we will look for the event to have a strong charitable element in the way that the event is organized.

Processing applications

We will endeavour to deal with applications for a market licence within 28 days. You are therefore urged to apply as early as possible to ensure that we have adequate time to assess it. In considering the application we will require enough information to deal with all the issues set out in the criteria listed above and the application form. Failure to provide such information is likely to lead to a delay in us coming to a decision.

Appeal process

If we refuse your application for a market licence, we will normally write to you within 21 days of our decision with the reasons for refusal.

If we refuse an application, we will set out the reasons for our decision and will advise the procedure for appealing our decision in that refusal.

You will need to write to us within 14 days of the date on your refusal letter.

You will then be able to attend a hearing and tell the Appeals Committee why you consider you should get your licence. When you request a hearing by the Appeals Committee, we will arrange it. We will write to tell you the date, time and place. We will prepare an agenda for the hearing and you will receive a copy of it at least five working days before the hearing. The agenda will contain the procedure and any officer reports. You can be represented by a solicitor, or supported by a friend or colleague, at the hearing. We will write to let you know the decision of the Appeals Committee within five working days of the hearing.

In respect of community-based markets, an administration fee of £50 is required to cover our administration costs.

Any approval given by us in respect of our market policy does not remove the requirement for other relevant approvals to be obtained.

The operator of a market should ensure that where the market is being held on private land, the approval of the landowner is obtained. We may wish to receive evidence of such approval.

Planning permission might also be required, and any market operator should consult with our Planning Department to ascertain whether any planning considerations are relevant.

Attention is also drawn to the provisions of the Licensing Act 2003 in respect of any licensable activity provided at the market. You should consider whether a Temporary Events Notice might be required for the sale of hot food or alcohol or the provision of entertainment.

We recognize the important role played by Parish and Town Councils in serving their local communities and acknowledge the contribution made by Parish and Town Councils to a wide range of community events which include, on occasion, a market element.

We will discuss with Parish and Town Councils the extent to which this market policy will apply to them and in the context of the outcome of such discussions will review the implementation of the policy.

Any operator of a temporary market, together with the occupier of land on which the market is to be held, are required to give us not less than one month’s notice of the holding of the market.

No notice is required if the proceeds of sale of the temporary market are to be applied solely or principally for charitable, social, sporting, or political purposes.

We reserve the right, in appropriate circumstance, to require evidence of the above.

Any notice given by the operation and the occupier of the land shall state:

1. The full name and address of the person intending to hold the market
2. The day or day on which it is proposed that they market will be held and its proposed opening and closing times.
3. The site on which it is proposed that the market will be held.
4. The full name and address of the occupier of the land if they are not the person intending to hold the market.

The requirement of Section 37 is separate to the licensing of events under our Policy, set out in Section 5 above. The operator and the occupier of the land should ensure that a notice is given to us under the requirements of Section 37 as soon as proposals for a temporary market are under consideration. This will enable us to give preliminary consideration to a proposal and give an indication of our likely view on a subsequent application for a markets licence for the event.

Failure to give a notice under Section 37 is a criminal offence and liable to a summary conviction in the Magistrates’ Court.

We will monitor the application of our markets policy. Any market event which is established after the date of the implementation of this markets policy will be subject to our requirements as set out in this policy.

Any market which is conducted but not approved by us under Section 5 of this policy may be subject to legal action and we may seek appropriate remedy in the courts to prevent the market being held and/or damages as appropriate.

In addition, any market operator acting in contravention of any market licence granted by us will risk the licence being terminated by us on such terms as we determine. In such circumstances, we reserve the right to refuse any future applications for market licences submitted by the operator concerned or any persons or organizations associated with the operator.