Licensing a temporary market

Do I need permission?

A market is defined in law as a concourse of buyers and sellers.

There are a number of factors to be considered in determining whether or not an event constitutes a market, namely:

  • The number of stalls (events with 4 stalls or less do not usually constitute a market)
  • Is a payment received from the occupiers of the stalls?
  • Is the event open to the public?
  • Do the occupiers of the stalls retain any of the income from those stalls?
  • For what purpose are the proceeds of the event to be used?

If you are considering holding a tabletop sale, a fete, a car boot sale or similar it may be that your event is classified by law as a market. In such cases, you are required to obtain consent from Council Markets Authority. We need the details of your event in order to determine what the category of your event is and if it is deemed at law a rival market to one of those operated by the Borough Council.

It is unlawful for anyone to hold a market, even upon land which they own, without the Council's specific consent. Calderdale Council has the sole and exclusive right to hold markets within a specified area of 6 2/3 miles from the nearest established Council market.

Note: It is not the Council's intention to prevent other events taking place, but to ensure that the Council's rights to operate markets are upheld and all market type events are registered with the authority and regulated. Rival market operations that are deemed to be a nuisance to the Council's own markets will be prohibited and the Council will take legal action against such markets not registered and approved by the Local Authority.

See also