A CAR boot sale will be held outside Oldham Athletic Football Club despite a council employee invoking an obscure Victorian law in an attempt to prevent it going ahead.

Oldham Council’s markets manager had objected to the plan to hold the event near to Boundary Park stadium over concerns that it would draw business away from Tommyfield market, which holds a car boot sale on the same day.

Five residents and Councillor Steven Bashforth had also written to object, saying it would cause a “nuisance” to neighbouring residents and that the site was already a hotspot for anti-social behaviour.

The market and town centre manager Sara Hewitt called upon a piece of common law from the Victorian era, which states the authority holds the rights for the area of exactly six miles and two-thirds from its own markets, and can seek to protect those rights.

At the time they were drawn up, the reasoning was based on a market-goer walking 20 miles in a day, and requiring a third of the day to reach the market, a third to trade and a third to return home.

Therefore six miles and two-thirds represents the longest distance they can travel. This meant that any rival market must apply to the council for permission.

The applicants, Dylan Leech and Jerome O’Malley of National Car Boot Sales, told the council’s licensing panel they hope to run a trial on the Oldham site for six weeks, to show the events could be held there successfully without affecting residents.

Despite Ms Hewitt’s concerns that it could tempt away traders and shoppers from the existing car boot sale, it was noted that the times of the respective events would only overlap by an hour, with the council’s Tommyfield site running from 6am to 1pm.

The panel agreed to allow the new event to go ahead. The council confirmed it would also not object to a further five car boot sale dates that will be agreed with the licensing service.

A spokesperson for Oldham council said: “On this occasion the panel didn’t feel that the application submitted would affect the council’s market rights and therefore granted the permission.

“Whilst the panel noted the many concerns expressed they simply didn’t fall within the scope of their legal considerations.”

The event, which will feature approximately 50 vehicles, will take place on July 29, from 12-4pm, and access will be from Sheepfoot Lane.