Occasional sales

Apply

An occasional sale is a group of five or more buyers or sellers operating from a site that is neither part of a highway or within any building other than a car park.

Notes

Occasional sales in Brent are controlled by Part III of the London Local Authorities Act 1996.  An occasional sale is defined as a group of five or more buyers or sellers operating from a site that is neither part of a highway nor within any building other than a car park, and where the site does not have the required planning permission. This does not include markets with planning permission granted under Section 58(1)(b) of the Town And Country Planning Act 1990.

Applications for a licence to hold an occasional sale must be made to Brent Council's Health Safety and Licensing Service at least 42 days before the sale is due to take place.

Eligibility criteria

A person who is entitled to receive payment for any space or pitch hired or let on the site of the sale, or any promoter or agent that is entitled to payments from persons trading on the site may apply for a licence to hold an occasional sale.

Regulation Summary
Occasional sales are controlled by Part III of the London Local Authorities Act 1996.

Application evaluation process

Applications must be on the prescribed form and specify-

  • the proposed date and time of commencement and expected duration of the sale;
  • the exact location of the sale, (a site plan will usually be required);
  • the name and address (other than the address temporarily occupied for the purposes of the sale) of the person who intends to hold the sale;
  • the name and address of the person appointed to receive and answer complaints about the occasional sale;
  • an estimate of the number of persons expected to attend the sale;
  • the proposed arrangements for accommodating vehicles of persons attending the sale;
  • the arrangements proposed for controlling road congestion, litter and noise.

Applications for a licence to hold an occasional sale must be made to Brent Council's Health Safety and Licensing Service at least 42 days before the sale is due to take place. In exceptional circumstances we may accept an application at a shorter notice.

We may refuse an application on any of the following grounds:-

  • that arrangements proposed for accommodating vehicles are not adequate;
  • that arrangements proposed for controlling road congestion, litter or noise are not adequate;
  • that the applicant has been granted a licence by any borough council for an occasional sale in the past three years and has failed to comply with the conditions imposed in relation to that licence.

When granting a licence we will usually impose conditions upon that licence. These conditions will relate to such matters as-

  • the time of commencement of the occasional sale;
  • the duration of the sale;
  • the arrangements to be made for accommodating the vehicles of persons attending the sale;
  • the arrangements to be made for controlling road congestion, litter and noise;
  • a requirement that the names and addresses of persons selling articles are publicly displayed.

In addition to any requirement or licence condition imposed by us 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. This information must also be printed on any notices, leaflets and posters that are distributed or exhibited in connection with the sale.

Offences and penalties

Where any person who receives payment for any space or pitch hired or let on the site of the sale or any promoter or agent who is entitled to receive payments from persons trading on the site, does so without a licence, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,500.

Any person who contravenes a condition imposed on a licence shall be liable to a fine not exceeding £1,000.

Any person who without reasonable excuse fails to display their name and address either at the site of the sale or on leaflets or posters shall on summary conviction be liable to a fine not exceeding £500.

Tacit consent

This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period.  Occasional licence applications will be processed on receipt of all valid documentation and fees.  If no further contact is received from us within the stated timescale in the application acknowledgement then tacit consent applies.  Where matters arise with regards to the application giving need for an extension of the processing period the applicant / agent will be notified.

Failed application redress

If we refuse to grant a licence to hold an occasional sale you may appeal to the local Magistrates' Court.
Any person making an appeal must do so in writing and must serve a copy of the appeal on Brent Council and must state the grounds for the appeal.

Licence holder redress

If you are aggrieved by a condition imposed on a licence granted to you, you may appeal to the local Magistrates' Court.
Any person making an appeal must do so in writing and must serve a copy of the appeal on Brent Council and must state the grounds for the appeal.

Consumer complaint

General information

This authority is under a duty to protect the public funds it administers, and to this end may use the information you have provided on this form for the prevention and detection of fraud. It may also share this information with law enforcement agencies and other bodies responsible for auditing or administering public funds for these purposes.