Car boot sales & temporary markets

Temporary Market, Fair & Car Boot Sale Consent

West Lancashire Borough Council is the responsible body for the management of market rights within the borough. Prior consent must be sought from the Council to hold any temporary market, fair or car boot sale.

The Council is entitled to protection from rival markets within six and two-thirds miles of Ormskirk Market, which was granted a Royal Charter in 1286 and has the right to take enforcement action, if necessary.

Under Section 37 of the Local Government (Miscellaneous Provisions) Act 1982, any person intending to hold a temporary market, and any occupier of land who intends to permit the land to be used as the site of a temporary market, has to give the local authority not less than one month's notice of the proposed event.

Failure to give such notice before holding a market or permitting land to be used for a market is an offence which is punishable on summary conviction with a fine of up to £2,500.

Definition of a market

A market is a 'concourse of buyers and sellers' with five or more trading spaces (e.g. stalls, stands, vehicles or pitches). This can include fairs, car boot sales, table top sales, traditional and specialist markets and fairs, or where rides and amusements are included.

Do I need planning permission?

Under the provisions of the Town and Country Planning (General Permitted Development) Order 1995, the use of a piece of land for a market or car boot sale is permitted without the need for planning permission, if:

  • the use does not last more than 14 days in total in any calendar year, and
  • the land is not within the curtilage of a building

If the land in question is within the curtilage of a building (e.g. a pub or school car park), then planning permission would be needed for car boot sales, regardless of frequency, if they constitute a material change of use of that land.

If in doubt, please seek clarification from the Planning Team, before proceeding with any planned events.

Licensing conditions for holding a temporary market, fair or car boot sale

  1. Applications must be made at least 1 month prior to the event.
  2. West Lancashire Borough Council reserves the right to refuse consent to hold an event if it is deemed have a detrimental affect on its own markets.
  3. Sellers at car boot sales must only sell surplus household items. Sellers cannot sell new items or items bought for resale. Space must not be granted to commercial traders.
  4. The organiser of any market, fair or car boot sale assumes full responsibility for the operation of the event including regulatory and legislative requirements, planning consent, licensing, health and safety, events notices, closures, and risk management.
  5. West Lancashire Borough Council accepts no responsibility or liability for markets, fairs or car boot sales held within the borough where consent has been granted. The granting of the event is not an endorsement of the event by West Lancashire Borough Council.

Event Safety Advisory Group (ESAG)

The Event Safety Advisory Group (ESAG) provides event organisers with a single point of contact to liaise with key agencies in reviewing safety arrangements for events in the West Lancashire Borough Council area. The group consists of a number of agencies that work to maintain and enhance public safety.

How to apply

Any events to which the public are invited including temporary markets, fairs and car boot sales must be submitted to the Event Safety Advisory Group for review. 

Event organisers should visit the Event Safety Advisory Group (ESAG) and complete the ESAG Notification Form as soon as possible and submit by email to events@westlancs.gov.uk .