It is apparent that a local authority in which market rights are vested would not be acting outside its powers in seeking to transfer or delegate its Market Rights, as well as any sale or lease of its market place. However, any such sale or transfer its Market Rights may well prevent the local authority from seeking to restrain any rival market as the tort of disturbance is a possessory action. With these various provisions in mind, we will now look at the two Case Studies. CASE STUDY - FISHBOURNE BOROUGH COUNCIL The factual background Fishbourne Borough Council (“FBC”) has been operating a market at the Fishbourne Centre in Fishbourne for over 100 The market rights were originally purchased from the Lord of the Manor in 1911. Currently the market is held every Thursday and is located outdoors. It is managed by FBC, and the stallholders are independent. FBC is seeking to re-develop the existing market site in the centre of Fishbourne for housing, and for the operation of the market therefrom to cease. Undoubtedly the site has considerable value and is currently under-utilised. FBC wishes to re-locate the market to neighbouring premises situated close by in the Richmond Centre. Originally it was FBC’s intention to allow a third party to run the new market on its behalf at the Richmond Centre. However, further consideration has more recently been directed to the proposition by FBC to the effect that the third-party potential provider itself may not only operate the new market from the new site at the Richmond Centre, but also provide its own premises to do so. It had been originally considered that the alternative premises would be council-owned, but discussions have developed whereby the third party would provide its own premises in order to do so. There have been several meetings where these issues have been discussed. To this end you are asked to consider having regard to the various statutory and charter provisions whether the Council will be acting lawfully in its desired aims. In order to reach a considered judgment on the issues it is necessary to look at the legislative and franchise framework.
It is apparent that a local authority in which market rights are vested would not be acting outside its powers in seeking to transfer or delegate its Market Rights, as well as any sale or lease of its market place. However, any such sale or transfer its Market Rights may well prevent the local authority from seeking to restrain any rival market as the tort of disturbance is a possessory action. With these various provisions in mind, we will now look at the two Case Studies. CASE STUDY - FISHBOURNE BOROUGH COUNCIL The factual background Fishbourne Borough Council (“FBC”) has been operating a market at the Fishbourne Centre in Fishbourne for over 100 The market rights were originally purchased from the Lord of the Manor in 1911. Currently the market is held every Thursday and is located outdoors. It is managed by FBC, and the stallholders are independent. FBC is seeking to re-develop the existing market site in the centre of Fishbourne for housing, and for the operation of the market therefrom to cease. Undoubtedly the site has considerable value and is currently under-utilised. FBC wishes to re-locate the market to neighbouring premises situated close by in the Richmond Centre. Originally it was FBC’s intention to allow a third party to run the new market on its behalf at the Richmond Centre. However, further consideration has more recently been directed to the proposition by FBC to the effect that the third-party potential provider itself may not only operate the new market from the new site at the Richmond Centre, but also provide its own premises to do so. It had been originally considered that the alternative premises would be council-owned, but discussions have developed whereby the third party would provide its own premises in order to do so. There have been several meetings where these issues have been discussed. To this end you are asked to consider having regard to the various statutory and charter provisions whether the Council will be acting lawfully in its desired aims. In order to reach a considered judgment on the issues it is necessary to look at the legislative and franchise framework.
Edward-Cousins-Talk.docx