Car boot fairs and temporary markets

If you are considering operating any form of temporary market you should contact this Authority's Planning Department to establish whether planning permission is required or has already been issued for the intended location.

Under the provisions of Section 37 of Local Government (Miscellaneous Provisions) Act 1982, a person intending to hold a market or any person intending to allow land to be used for a market is required to give the Council at least one months notice. No notice is required if the proceeds are to be solely or principally for charitable, social, sporting or political purposes.

Where a notice must be given the following information must be included in the notice:-

• The full name and address of the person intending to hold the market;
• The day or days on which it is proposed that the market shall be held and its proposed opening or closing times;
• The site on which it is proposed that it shall be held;
• The full name and address of the occupier of that site, if he is not the person intending to hold the market.

The notification should be given to the Director of Environmental Protection.

Any person who fails to give the proper notification shall be guilty of an offence.

The expression 'Temporary Market' is defined by section 37(6) as follows: a concourse of buyers or sellers of articles held otherwise than in a building or on a highway, comprising of not less than five stalls, stands, vehicles (whether moveable or not) or pitches from which articles sold, but does not include a market or fair that has planning permission or the right to hold was acquired by grant or enactment and any sale by auction of farm livestock or deadstock.

If you intend to proceed you should also consider the health, safety and welfare requirements of the public and operators.