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 four 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?
Your event can be classed by law as a market, if you hold a:
- tabletop sale;
- fete;
- car boot sale;
- or similar.
In these cases, you are required to get consent from Council Markets Authority. We need details of your event to:
- Determine what category of event it is;
- and if it is deemed in law to be 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. This is 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:
- It is to make sure 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 deemed to be a nuisance to the Council's own markets will be prohibited. We will take legal action against such markets not registered and approved by the Local Authority.