a. Markets

Under s.50, Food Act 1984, local councils (but not parish meetings) can establish or acquire markets in their area, becoming "market authorities." However, there is a key limitation: councils cannot establish a market that interferes with any existing rights, powers, or privileges related to markets in the area, without the consent of the person holding those rights. These rights often stem from ancient common law, which grants exclusive market rights within a seven miles radius. 

Courts have upheld these rights in cases such as R (Corporation of London) v Secretary of State for the Environment and Leeds City Council v Watkins. Therefore, councils must be mindful of existing markets within seven miles when considering a new market.

Additionally, s.50(1) allows councils to provide facilities like market houses or buildings for market use.

The 1984 Act also grants market authorities several powers, including:

• Charging fees for market use (s.53).

• Recovering unpaid fees (s.55).

• Providing storage for food (s.53(2)).

• Making byelaws to regulate market operations, prevent nuisances, and ensure safety.

There are many different types of markets, and a variety of legal considerations. Councils should research legal advice and information specific to the markets they wish to implement. For example, councils interested in farmers' markets, can seek information from the Food Standards Agency.

N.B. NALC have issued an advice note on their website - Markets and other events .  

[To access the NALC website you will need to set up an individual account (SALC members only).  Video guidance on how to do this is available here - https://youtu.be/zapNDmP8jjY?si=jtXhLh0Wm5ANHrO4]