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Car boot fairs and temporary markets

If you are considering operating any form of temporary market you should first contact Planning department to find out if 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 month 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 they are not the person intending to hold the market.

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 movable 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 dead stock.

If you intend to proceed you should also consider the health, safety and welfare requirements of the public and operators. If the public can access the land on which the market will be held without payment a street trading consent will be required.

If you intend to use fields that have been used for grazing:

 • Keep farm animals off the fields for at least three weeks prior to use.

• Remove any visible droppings, ideally at the beginning of the three week period.

• Mow the grass, keep it short and remove the clippings before the fields are used.

• Keep farm animals off fields during period of use and to achieve ongoing compliance with the minimum three week period.