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Licensing a temporary market

Introduction to markets and how to determine whether or not an event constitutes a 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 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.

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