An "Occasional Sale" means a sale which does not take place in the street or in a building (except a car park) and comprises five or more trading pitches, vehicles, or stands where buyers and sellers meet to buy and sell goods. An "Occasional Sale" would include Car Boot and Table Top sales held in car parks and open spaces, but does not include:
- a market of fair which has a legal right to be held
- an auction of farm animals
- a market which has been granted consent under the Town and Country Planning Act 1990
- a market which has operated continually since 30 June 1948
Any person who wishes to hold an Occasional Sale is required to obtain a licence from the Council unless the proceeds of the sale are applied solely or principally for charitable, social, sporting, religious or political purpose. For further advice on whether your Occasional Sale requires a licence please contact the licensing team.
Any person wishing to hold an Occasional Sale may apply for a licence. The application must include the following information:
- proposed date and time of commencement, expected duration and location of the intended sale
- the extent of the premises to be used for the sale
- the name and address of the person who proposes to hold the sale and the name and address of the person who will receive and answer complaints
- an estimate of the number of persons expected to attend
- the arrangements proposed for accommodating vehicles of persons attending the sale
- the arrangements proposed for controlling road congestion, litter and noise
See the summary of regulation relating to this licence for further information.
Application evaluation process
Applications must be submitted on the forms provided by the licensing authority and be accompanied by the required fee. Please see the schedule of fees for further information. The licensing authority will require a plan to be submitted as part of the application process and may attach conditions to any licence granted.
The following criteria, amongst others, will be considered when the application is being evaluated:
- the commencement time and duration of the occasional sale
- the proposed arrangements for accommodating the vehicles of persons attending the occasional sale
- the proposed arrangements for controlling road congestion, litter or noise as a result of the occasional sale
- whether the applicant has previously been granted a licence for an occasional sale by any other borough within 3 years of the date of application and failed to comply with the conditions imposed in relation to that licence.
Conditions can be attached to a licence to ensure that the above are complied with.
In addition to any requirement or licence condition imposed by the Council the person holding the sale must display their full name and business address and the full name and business address of the person appointed to receive complaints about the sale in a prominent position.
Will Tacit Consent Apply?
Yes. If you have not been notified of the refusal of your application within 21 days of its submission, the licence shall be deemed to have been granted.
Failed Application Redress
If an application for a licence is refused the applicant can appeal to Westminster Magistrates’ Court, 181 Marylebone Road, London, NW1 5BR.
Licence Holder Redress
Any licence holder who wishes to appeal against a condition attached to their licence can appeal to Westminster Magistrates’ Court, 181 Marylebone Road, London, NW1 5BR.
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form of a letter (with proof of delivery). If that has not worked, if you are located in the UK, Citizens Advice Bureau will give you advice. From outside the UK contact the UK European Consumer Centre.
The council operates a complaints procedure. To view the complaints procedure or to make a complaint relating to the service you have received please see comments, complaints and feedback.
If there is a concern about noise, pollution, or similar please contact the Council's Environmental Health Line on 020 7361 3002 or email email@example.com If your complaint relates to an existing licensed premises or a premises is suspected of operating without the required permission please contact the Council's Licensing Team on 020 7341 5152 or email firstname.lastname@example.org