A “rival” market is one which is normally created without legal authority. In recent years there has been a tremendous growth in car boot sales, specialist markets, table top sales and food markets, particularly Farmers Markets. Unless such an event can point to legal powers giving the market operator the authority to proceed or they are licensed by a market operator with the relevant powers, then that is a “rival” market. A market operator, using their own powers can set up a licensing system which can determine the number, quality, and balance of the markets in their area. This enables control to be exercised over “rival” markets. Any policy which provides a licensing arrangement needs to be reasonable and proportionate and sets out a framework for the consideration and determination of applications.
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