Do I Need Council Permission to Hold a Market or Craft Fair?

Why this catches organisers out

Most organisers know to sort out the venue, the insurance, and perhaps a licence if there is alcohol or live music. The permission that gets missed is the one that comes from the council's rights over markets themselves. It is missed because it is invisible; there is no sign on the ground telling you a nearby town holds a market charter, and the rules are not the same from one council to the next. The result is that a well run, well insured craft fair can still be an unlicensed market in the eyes of the local authority. This guide walks through the two checks that catch it.

Question one: is your event on public land?

Street trading in England and Wales is regulated under Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982. "Street" is defined broadly; it covers any road, footway, beach, or other area to which the public has access without payment. A public square, a pavement, a grass verge, or a council-owned car park with open public access can all count.

Councils designate streets as consent streets (trading allowed with the council's written consent), licence streets (trading allowed with a licence), or prohibited streets (no trading at all). If any part of your event sits on this kind of public land, you, as the organiser, will usually need to apply to the council for street trading consent for the site. Some councils have a specific route for this; Barnsley Council, for example, asks event organisers for written permission "in principle" from its events team as part of the process.

If your event is entirely on genuinely private land, street trading rules will usually not apply. But that is only the first question, and it is the second one that catches more organisers out.

Question two: are you near a chartered market?

This is the check most organisers have never heard of.

Many UK towns and cities hold ancient market rights, granted by Royal Charter or letters patent, some dating back to medieval times. These rights are still legally live today. The holder of a chartered market, usually the local council, has a common law right to be protected from a "rival market" being set up nearby without its permission. "Nearby" has a specific legal meaning: within six and two thirds of a mile, often written as 6.66 miles, measured from the chartered market.

This is not a historical curiosity; councils actively enforce it. Norwich City Council's Rival Markets Policy is a clear local example. Norwich Market traces its charter to 1341, and the council states plainly that a Market Rights Licence is required to hold a market within 6.66 miles of it, even if you already have other permissions such as planning consent or a Temporary Event Notice, even on public or private land, indoors or outdoors, and even for charity or as part of a larger event. That radius covers a very large part of the greater Norwich area. Other councils operate the same way; Hinckley and Bosworth, St Albans, Bedford, and Manchester all run comparable rival market or market rights licensing.

The practical point for you as an organiser: if your craft fair is anywhere near a town or city with a market, do not assume private land makes you exempt. Check whether that council holds market rights, and if so, whether your venue falls inside the 6.66 mile radius.

What counts as a market?

The threshold is lower than most people expect. Councils generally define a market as a gathering of buyers and sellers with five or more stalls, stands, or pitches. Norwich City Council's definition, and it is typical, expressly includes craft fairs, antique fairs, farmers' markets, car boot sales, and table top sales. Manchester City Council uses the same five-space threshold and counts a space with more than one seller as multiple spaces.

So a craft fair with five or more stallholders is very likely a "market" for these purposes, whatever you call it on the poster. Below five stalls, you are usually outside the definition, but this is one to confirm with the specific council rather than assume.

Events on private land

Being on private land handles the street trading question in most cases; it does not automatically handle the market rights question. If you are inside a chartered market's 6.66 mile radius, a licence may still be needed on a farm, in a village hall, at a garden centre, or in a private field.

There are two further private land points worth holding in mind. First, your agreement with the landowner, whether a lease, a licence, or a hire agreement, needs to permit a market or fair; check it rather than assume. Second, planning permission can be relevant for changes of use or for events held frequently at the same private site; a one off fair rarely triggers it, but a regular monthly market on land not normally used that way sometimes can. Your council's planning duty officer can confirm quickly.

How to apply and what it costs

The exact process varies by council, but the shape is consistent.

• 1. Identify the right council team. For street trading, this is usually licensing. For market rights, it is often a dedicated markets or market services team. A quick phone call or search for "[council name] rival market licence" or "[council name] street trading consent" will point you to the right form.
• 2. Apply well in advance. Many councils require applications a set number of days before the event; Norwich and Hinckley and Bosworth both ask for at least 28 days' notice. Popular street trading pitches can have longer lead times still.
• 3. Provide the expected details. Typically: your name and address, the site, the landowner's details if that is not you, the dates and opening times, the number and type of stalls, and evidence of public liability insurance. Councils commonly ask for cover of at least £5 million.
• 4. Budget for the fee. Costs vary widely. Street trading consents range roughly from £50 to several hundred pounds depending on the council, location, and duration. Market rights licences are often charged per stall per day; Norwich, for example, publishes £4.50 per stall per day for commercial markets and £2.50 for non commercial or charity markets. Always confirm the current figure with the council directly.

Trading or holding a market without a required consent is a criminal offence under the 1982 Act, and councils can and do take enforcement action against both the organiser and, in the case of rival markets, the site owner. The cost of getting it right is small; the cost of getting it wrong is not.

Practical checklist for organisers

Before you confirm a date or take stallholder bookings:

• Is any part of the event on public land (a street, pavement, public square, or open access council car park)? If yes, contact the council's licensing team about street trading consent.
• Which is the nearest town or city with a market? Search whether that council holds market rights, and whether your venue is within 6.66 miles of its chartered market.
• Will you have five or more stalls? If yes, and you are inside a market rights radius, you very likely need a Market Rights Licence, even on private land.
• Does your agreement with the landowner permit a market or fair?
• Do you have public liability insurance at the level the council expects (often £5 million)?
• Have you left enough time? Assume at least 28 days, and more for street trading pitches.

If in doubt, one call to the council's licensing or markets team settles it. They would far rather answer the question before the event than enforce against it afterwards.

How this differs from other permissions

It is easy to conflate these, so to be clear, the permission covered by this guide is separate from:

• A premises licence or Temporary Event Notice (TEN): these cover licensable activities such as selling alcohol or providing regulated entertainment. A TEN does not give you the right to hold a market; Norwich states expressly that holding a TEN does not remove the need for a Market Rights Licence.
• Food business registration and food hygiene: these sit with individual food vendors and, for the event, with environmental health.
• Individual stallholders' street trading position: covered in our stallholder street trading guide. At a properly permissioned event, the individual sellers are trading under your arrangements, not as independent street traders.