Page 29 - MarketTimesOctober2013
P. 29

  Market Times • October 2013
young trader nets prize for ‘best fish’
YET again another fantastic day of fishing was had by all. The weather started fine but the heavens opened midway through the match and torrential rain was enjoyed by all. It didn’t manage to stop the fishing however, and everyone managed a catch.
The top 10 weights were over 30lb with guest angler Mark Casemore weighing in the best at 53lb 6oz. Matthew Southall headed the traders
Matthew Southall winner of the John Burton Memorial Trophy with Past President Eric Tweed
with a fine catch of 42lb 6oz which included a prize carp of 18lb that also gave him the prize for ‘best fish’.
Every year the number of traders taking part increases, and this year was no exception, with new faces from around the UK joining the regular anglers.
Prize money and trophies were donated by various NMTF branches. These included a new
trophy which was presented to Bob Fitzjohn by representatives on behalf of Nuneaton Branch.
A special thank you to Colin Southall from Coventry market for organising yet another great event and also to the Barston Lakes management for reduced peg prices and the after-match meal.
The competition is organised annually to help raise money for the NMTF Benevolent Fund.
  The NMTF members after a fantastic day of fishing
 Do you have a lease or
 a licence?
AS A market trader it can be difficult to know whether you have a lease or a licence, but the differences between the two give you very different legal rights.
What is a licence?
A licence gives you permission to use a licensor’s property for a specific purpose without it being classed as trespass. It does not give exclusive rights of possession and cannot stop the owner from accessing the land. The vast majority of market stalls operate on a licence rather than a lease.
What is a lease?
A lease grants you exclusive occupation for a specific area of land or unit. This means the right to exclude other people, including the person who you rent from such as the local authority or private market operator, from the land. In some cases they may reserve the right to access the land to undertake repair works. A lease is always granted for a defined period of time.
Why are they different?
A lease grants you an interest in the land and exclusive occupation while a licence only gives you the right to undertake a specific action on the land such as selling goods at agreed times on certain days of the week.
By Megan Duncan
So which one is better?
In most cases a lease will offer security of tenure. This gives the tenant the right to renew the lease at the end of the term. A landlord can only refuse renewal on limited grounds unless you have agreed to waive that right at the outset. The disadvantage of a lease is that the tenant is bound by its terms for its entire length. So if a business venture is not going well, rental payments will still be due for the duration of the lease and can only be terminated early with permission from the landlord. In most cases the landlord is unlikely to agree to terminate the lease and will enforce the rental payments against the tenant.
A licence doesn’t offer any security of tenure and can be brought to an end by the licensor or the licensee providing notice. Licences tend to be for shorter periods of time and can last for as little as a few hours. The notice period will usually be the length of the licence however, always check any terms and conditions before giving notice.
Licences, rather than leases, are usually used at markets to allow landowners the freedom to change and move traders when they wish. Although licences offer less protection to traders
Megan Duncan, Chafes Solicitors
they do have the advantage that traders are not bound into long agreements and they too can bring a licence to an end.
In all cases you should read any agreement provided before signing and accepting the terms. Even if a document is headed up as a licence, it may contain terms which make it a lease so it’s always a good idea to seek independent legal advice.
For further information on any of the above, contact myself or Sharon Nuttall at Chafes Solicitors on 01625 531676.
Megan Duncan is a solicitor at Chafes, the law firm that provides a free legal advice line for NMTF members.

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