Nabma News May 2013

We are almost at the starting line. Love Your Local Market 2013 will be launched at Portobello and Golborne Market on the 15th May 2013, when we will be looking to involve over 500 markets and provide an opportunity for up to 3000 new traders to try their hand at market trading.The enthusiasm for this year’s campaign has been evident at all the Roadshows we have held this year and, since the last edition of Market Trade News, we have taken Roadshows to Loughborough, Bolton, Horsham and Carmarthern and seen examples of some wonderful markets.All the planning is now complete and between the 15thand 29th May lets celebrate what is good about markets and why markets are such an important part of local communities. Next month I will be reflecting on the success of LYLM 2013 and providing some of the highlights from the fortnight.Of course, it is important that in celebrating LYLM 2013 we do not take our focus away from other important market issues. I am grateful to colleagues from Kettering who drew my attention to the Land Registry Practice Guide 18 on Franchises, which is relevant to all market operators who rely on Market Charters.I have written previously about the continuing importance of market rights and the role played by Market Charters in preserving such rights. Previously a Market Charter was not capable of separate registration. This changed in 2003 and it was possible, from that time, to voluntarily register Market Charters. While the situation remains the same in terms of voluntary registration in the context of the provisions of Practice Guide 18, if registration is not undertaken then there could be an impact on the status of a Market Charter.At the moment, if you have a Market Charter then the Charter creates an overriding interest which binds the owner of the land. So, for example, if you have a Market Charter which gives the right to hold a market in a particular location, then the owner of the land is required to make the land available for use as market on the days and the times specified in the Market Charter.Under Practice Guide 18, unless the Market Charter is registered by the 12th October 2013 then there will be a loss of their overriding status. What this means for markets that operate under a Market Charter is not entirely clear, but the provisions of Practice Guide 18 do not take away the right to hold a market under the Market Charter and if the market has been held in a particular location for many years, then it is assumed that rights to use the land have arisen in a variety of different ways through, for example, custom and practice and long user.Currently I am looking at the requirements of the registration process to see what needs to be done to ensure that Market Charters are fully protected. Full information will be provided to Nabma members shortly on this important issue, but any market operator using a Market Charter need to be aware of this important issue and seek advice on how it affects their particular market.We are just about to start on the Annual Survey of Retail Markets. Nabma has conducted this survey for the last two years and it has provided a very useful barometer of the state of the markets industry. Last year we had around 300 markets included in the survey. We are hoping that we can significantly increase that number this year. If you want to participate please let me know at nabma@nabma.com.Information on the results from the last two years can be found on the Nabma website at www.nabma.comReturning to Love Your Local Market, I want to express thanks to colleagues all round the country who have staged Roadshows and worked hard to promote LYLM 2013. When we started on the first LYLM campaign in 2012 we were keen to show that markets could play a significant role in helping revitalise the High Street. We have succeeded beyond expectations. If only the other elements of the Portas Review were as successful as LYLM then we would be looking at a very different prospect for the future of the High Street.Graham Wilson OBEChief ExecutiveNabma

National Association of British Market AuthoritiesThe Guildhall, Oswestry,Shropshire SY11 1PZ.Tel: 01691 680713

Email: nabma@nabma.com

 

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