Cavendish Cancer Care FactSheet:

Market/Car Boot Sale

What is a Market?

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:

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

Notes

Applicants must comply with all statutory and other legal requirements, both civil and criminal and in particular those relating to consumer goods and services, food safety, health and safety, traffic control, fire safety, planning consents and Sunday trading.

The licence issued to operate an occasional temporary or specialist market in no way gives the City Council’s endorsement to the suitability of the intended site or the ability of the organisation to operate an event.

Guidance Notes

Guidance notes for applications to hold an occasional temporary market for charitable or fundraising purposes

(Additional conditions for Non ‘opt out’ schools applying under category (2) can be found below)

  • Each individual organisation is allowed a maximum of 4 market type events per year.
  • There must be at least a 28-day period between market type events held by the same organisation or between events held on the same site by different organisations.
  • For any given site within the jurisdiction of the City Council’s markets rights no more than 4 licences will be issued to such organisations to operate market type events where the organiser makes a charge for space/stalls in any 12 month period.
  • On any given date, within the jurisdiction of the City Council’s markets rights, no more than 4 Indoor and 4 Outdoor market type event licences, where the organiser makes a charge for space/stalls, will be licensed to defined organisations.
  • Temporary markets will be limited to 50 stalls per day for Indoor Events and 100 vehicles/ stalls per day for Outdoor Events (Car Boot Sales, Table Top Sales etc.).
  • Only second-hand goods, specialist items or approved homemade items shall be offered for sale.

It should be noted that large car boot sales are more likely to cause environmental damage, e.g. litter and create a nuisance for the community. Responsibility for enforcing standards lies with the police or personal claims against the organisers.

Non ‘Opt Out’ Schools under the control of the Local Authority

Non ‘opt out’ schools under the control of the local authority must comply with the following conditions in addition to those given for categories (1) and (3) in order that they may operate temporary markets and car boot sales within the City Council’s Market Rights.

The PTA or school ensures that:

  1. They provide proof to Sheffield Markets of adequate public liability insurance.
  2. They consult with South Yorkshire Fire and Rescue Service and South Yorkshire Police with regard to layout, emergency escape routes, car parking and traffic management.
  3. They indicate on all advertising for the event that it is being run as part of Sheffield City Council. They inform and obtain the consent of Sheffield Markets.

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Registered charity

1104261

Registered charity

1104261