2.1 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