Markets Policy 2025
Markets Policy 20251. Introduction
1.1 Cumberland is located in the north and west of Cumbria. Its population is largely concentrated in Carlisle, Workington, Maryport, Whitehaven and Cockermouth. Keswick, located in the Lake District National Park, is a further key service centre and popular visitor destination. The north of the former Allerdale and Copeland areas are predominantly rural areas with small villages and the principal market towns of Aspatria, Silloth and Wigton, Egremont and Cleator Moor.
1.2 Cumberland Council (“the Council”) recognises the important contribution that markets make to the local economy and the character of the area. They remain an important Council service and contribute in a number of ways to the local communities they serve.
1.3 The Council's markets (which are described in more detail in Section 4 of this markets policy) represent an important investment by the Council in delivering economic regeneration and town centre vitality.
1.4 The Council is committed to maintaining the balance of markets throughout the region and ensure there is consistency in the way markets are operated. Accordingly, the Council has decided to implement a markets policy which sets out the basis upon which markets are held and the process by which applications for markets shall be considered (“the Markets Policy”).
1.5 The Council recognises that there are many different types of market activities and, accordingly, the Markets Policy is intended to cater for each type. In particular, the Markets Policy distinguishes between commercial markets and those that are largely community-based with a strong charitable element. Section 5 of the Markets Policy deals with the different types of market activities and sets out the Council's approach when considering applications in respect of such markets.
1.6 During the process of formulating the Markets Policy the Council has consulted the following organisations:
- Cumbria Police
- National Association of British Market Authorities (NABMA)
- National Market Traders Federation (NMTF)
2. What is a market
2. What is a market2.1 The Markets Policy is intended to apply to all market events held in Cumberland.
Guidance notes are set out below indicating which activities the Council regards as being a ‘market’. However, these notes are not intended to cover all potential eventualities and the Council reserves the right to apply additional requirements in appropriate circumstances.
i. The legal definition of a market is a ‘concourse of buyers and sellers’.
ii. A market shall be comprised of not less than five stalls, stands, vehicles (whether moveable or not) or pitches from which articles are sold and normally there shall be a range of different sellers.
iii. A market may be held either outdoors or in a building.
iv. There shall be an operator of the market who shall be responsible for the organisation and delivery of the market event.
v. A market operator means the person, body or organisation to which a market licence is granted by the Council. vi. Markets include car boot sales, antique and craft markets, general markets, food markets, farmers' markets and charitable markets. However, this list is not exhaustive.
vii. A market may sometimes be held as part of a wider event. When this arises the market element (compromising of 5 or more stalls) of the event shall be subject to the Markets Policy. Where a premises licence for a wider event (which includes a market element) has been issued by the Council then a separate market licence may not be required. However, this requirement shall be determined on a case-by case basis.
2.2 The Markets Policy differentiates between markets of a commercial nature and community-based markets which have a strong charitable element.
i. A commercial market is one which is operated for profit and where the traders are engaged in a business activity of selling goods for their own purposes. Cumberland Council can only licence regular Markets of up to 25 stalls/gazebos, without further permission.
ii. Community-based markets are organised by local communities or organisations with the intention of raising funds for a specific charity or celebrating a special event. The market must be operated on a non-profit making basis and the operator shall, if requested, supply relevant information as proof of this to the Council. While it is recognised and acknowledged that some traders may be selling goods for their own purposes, the Council shall expect there to be a strong charitable element in the way the event is organised.
2.3 This Markets Policy does not apply to street trading activities. Street trading is controlled by a different licensing process and relates to the granting of individual trading licences for identified streets.
Contact us to apply for a street trading licence
3. Market rights
3. Market rights3.1 The Council, by virtue of its statutory powers, enjoys market rights throughout Cumberland. Cumberland Markets operate either by traditional Charters or by part III of the Food Act of 1984.
3.2 All markets held in Cumberland are licenced and operated in accordance with the provisions of Part III of the Food Act 1984, and the relevant common law and case law relevant to the use of part III provisions.
3.3 The statutory powers afforded to the Council under the provisions of Part III of the Food Act 1984 and the relevant common law and case law, enable the Council to:
a) implement a markets policy within its area
b) operate markets within Cumberland
c) consider applications for other markets
d) determine whether such markets can be held by way of consent
4. Council's markets
4. Council's markets4.1 The following markets are currently operated directly by Cumberland Council:
- Keswick - Thursday and Saturday
- Silloth - Thursday (Easter to October)
- Wigton - Friday
- Workington - Wednesday and Saturday
4.2 In addition to the regular Council markets listed above, the Council also operates occasional market events.
4.3 The Council has the power to establish new markets if it so wishes – as either regular or occasional events. Accordingly, the above list is subject to change and shall be updated as part of a periodic review of the Councils Markets Policy. The Council will operate any new markets under the provisions of Part III of the Food Act 1984.
5. Licensing private markets
5. Licensing private markets5.1 The Council's consent to a market, by the grant of a market licence, must be given prior to the event taking place. Any market that takes place without such a licence shall be in breach of the Markets Policy and may be subject to the enforcement action described in Section 8.
5.2 Markets shall only be licensed once an application for a markets licence has been approved (and signed by both the Council and the Market Operator) and the appropriate fee received by the Council.
5.3 Market licences are issued to the market operator identified in the application (“the Market Operator”) and are not transferrable.
5.4 The Council shall consider applications in respect of the following categories of market events:
Commercial markets
Commercial markets5.5 A commercial market is one which is operated for profit and where the traders are engaged in a business activity of selling goods for their own purposes. The Council shall consider applications in respect of commercial markets having regard to the following matters:
a) No market shall be authorised within 6 2/3 miles of an existing licensed market unless it can be demonstrated that the new market shall not undermine the council’s existing markets and not prejudice the overall market offer. There are other grounds set out in 5.9 which may result in an application being refused
b) The applicant is required to provide a site plan showing the extent of the proposed market area and proposed layout of stalls
c) The applicant is required to undertake a risk assessment in relation to the proposed operation of the market and make this available for inspection by the Council upon request
d) The applicant must ensure that all other necessary consents and licences have been obtained prior to the market taking place
e) A fee must be paid in respect of any consent given by the Council, which shall be based on both the size of the market, location and the frequency with which the market is held. The fee must be paid before the market is held
f) In respect of any consent the Market Operator must have adequate insurances in place (including a minimum of £5 million public liability insurance) as per expectations in the Terms and Conditions and ensure that all stallholders have their own adequate insurances in place, also including a minimum of £5 million public liability insurance
g) All trading standards guidelines, health and safety requirements and any other relevant legislation must be adhered to. Further instruction is provided in section 7
h) The Council shall look for the proposed market to complement existing retail activity in the local area and support the Council’s objective of helping to create thriving town centres that are attractive and welcoming
i) Following outline approval of an application a licensing agreement must be entered into between the Operator and the Council, and such licensing agreement must be signed by both the Council and the Operator before the market takes place. The licence agreement will cover the issues set out in this section and all other matters the Council deems to be relevant including the following:
i. Waste disposal arrangements
ii. Road closures and traffic management
iii. Noise and nuisance
iv. Health and safety issues
v. Power usage vi. Confirmation that all other relevant licences have been obtained
j) The Council shall insist on any other requirements as are deemed appropriate
5.6 An example of a licence agreement is given at Appendix 1.
Applications should be made to:
Phil Byers
Cumbria House
Botchergate
Carlisle
Cumbria
CA1 1RD
Email: Phil.byers@cumberland.gov.uk
Community-based markets
Community-based markets5.7 Community-based markets are normally organised by local communities or organisations with the intention of raising funds for a specific charity or celebrating a special event.
5.7.1 The Council shall consider applications in respect of community-based markets having regard to the following requirements:
a) The markets must be operated on a non-profit making basis to assist a charity or community event and the Operator shall supply relevant information to the Council if so requested. While it is acknowledged that some traders shall be selling goods for their own purposes, the Council shall look for the event to have a strong charitable element in the way the event is organised
b) The applicant shall be required to provide a site plan showing the extent of the proposed market area and proposed layout of stalls
c) The applicant shall be required to undertake a risk assessment in relation to the proposed operation of the market and make this available for inspection by the Council upon request
d) The applicant must ensure that all necessary consents (e.g. planning) have been obtained prior to a market taking place
e) Where the market is to be operated on a non-profit making basis to assist a charity or community event then the licence fee may be waived
f) In respect of any consent the Market Operator must have adequate insurances (including a minimum of £5 million public liability insurance ) and all stallholders should have a minimum of £5 million public liability insurance cover in place
g) All trading standards guidelines, health and safety requirements and any other relevant legislation must be adhered to
h) Following outline approval of an application a licensing agreement must be entered into between the Operator and the Council and such licensing agreement must be signed by both the Council and the Operator before the market takes place. The licence agreement will cover the issues set out in this section and all other matters the Council deems to be relevant including the following:
i. Waste disposal arrangements
ii. Road closures and traffic management
iii. Noise and nuisance
iv. Health and safety issues
v. Power usage
vi. Confirmation that all other relevant licences have been obtained
Applications should be made to:
Phil Byers
Cumbria House
Botchergate
Carlisle
Cumbria
CA1 1RD
Email: Phil.byers@cumberland.gov.uk
Process for determining market licence applications
Process for determining market licence applications5.9 As referred to in 5.5a there may be other reasons for refusing a market licence. These may include, but is not limited to:
i. Failure to provide information
ii. potential nuisance to nearby housing
iii. traffic management issues
iv. poor standards on previous occasions
v. poor communication with the Council
vi. Any detrimental effect the market may have on established businesses in the area local to the proposed market
5.10 The Council will endeavour to deal with applications for a markets licence within a period of twenty working days from receipt of the application. Applicants are urged to submit an application as early as possible to ensure that the Council has adequate time to consider the relevant matters in an appropriate way. In considering the application the Council will require sufficient information to deal with all the issues set out in the criteria listed above and also covered on the application form. Failure to provide such information is likely to lead to a delay in the Council coming to a decision.
5.11 The authority to grant a market licence is held by the Chief Executive Officer with this power being delegated under the Council’s constitution and scheme of delegation.
5.12 All decisions to grant market licenses are made at the discretion of Cumberland Council.
Appeal process
Appeal process5.13 If the Council decides to refuse an application for a market licence it will contact the applicant and set out the reasons for its decision.
5.14 There is no statutory right of appeal against refusal to issue a market licence, however, you may appeal in writing against the decision.
Renewing a market licence
Renewing a market licence5.15 Market Operators should re‐submit their application every 12 months if they wish to continue to operate a regular market. This must be done at least one month before their current market licence expires.
5.16 The Council will not send out reminders for renewals. It is up to the operator to renew their application on time.
5.17 Lapsed market licences will be dealt with as new applications.
6. Market licence fees
6. Market licence fees6.1 A licence fee is payable once an application for a market licence has been received and approved by the Council. A Licence Agreement will not be drawn up by the Council until the appropriate fee has been received.
6.2 The licence fee will be dependent on the type of market being held:
i) Commercial Markets - The licence fee for commercial markets will be based on the size of the market and the frequency and location of the market
ii) Community-based Markets - Where the market is to be operated on a non-profit making basis to assist a charity or community event then the licence fee may be waived.
6.3. All fees are payable to Cumberland Council.
7. Other approvals
7. Other approvals7.1 It is important to emphasise that any approval given by the Council in accordance with this Market Policy shall not remove the requirement for any other relevant approvals, consents and licences to be obtained by the Market Operator.
7.2 A Market License application will still need to be obtained, even if proposed to be held on private land. In such cases, the Market Operator must ensure that written approval from the relevant landowner is obtained prior to submitting a Market License application.
7.3 The Market Operator shall be responsible for any temporary road closures and associated traffic management arrangements that may be required in order to facilitate the operation of the market.
Cumberland Council have legal powers to temporarily close roads and divert traffic in order to facilitate various types of event, applications for temporary road closures in relation to markets should be addressed to Cumberland Council.
7.4 The Market Operator should consult with the Council's Planning Department to ascertain whether planning consent is needed for the market to operate. Any market held in the same location for 14 or more days in a calendar year will require planning consent.
Email: planning.section@cumberland.gov.uk
7.5 Attention is also drawn to the provisions of the Licensing Act 2003 in respect of any entertainment provided at the market or where a Temporary Events Notice might be required in respect of the sale of hot food or alcohol.
Email: licensing@cumberland.gov.uk
7.6 The Council may require evidence of these approvals being obtained prior to the granting of a market licence.
8. Market enforcement
8. Market enforcement8.1 The Council will monitor the application of its Markets Policy and any market event which is operated after the date of the adoption of this Markets Policy will be subject to the Council's requirements.
8.2 Any market which is not approved by the Council under Section 5 of its Markets Policy will be subject to legal action and the Council may seek an appropriate remedy in the courts to prevent the market being held and/or damages as appropriate.
8.3 Any market operator acting in contravention of any market licence granted by the Council will run the risk of the licence being terminated by the Council with immediate effect on such terms as the Council determines and, in such circumstances, the Council reserves the right to refuse any future applications for market licences submitted by the operator concerned or any person or organisation associated with the operator.
8.4 Any costs of, or associated with, enforcement action deemed necessary as a result of the Market Operator’s failure to comply with the Market Policy will be recovered from the Market Operator.
9. Review
9. Review9.1 We will review this policy as necessary. We will continue to evaluate the policy and may update it at any time.