Occasional Sales

In the early 2000s, there was widespread concern that the controls on occasional sales (which include autojumbles) imposed by Local Acts such as the ‘Kent Act’ might be extended nationwide. The Home Office (as it then was) was planning to consult on possible new regulations in 2005, but those plans were quietly dropped.

The Kent Act is by no means unique but despite widespread publicity and concern, FBHVC received only one report of a problem, and that would have been resolved if the Home Office had decided to proceed with a national Act to replace the provisions of the various Local Acts.

At the end of 2008 a query was raised that has shown that local authorities do already have some (but by no means all) of the powers that are contained in such Local Acts. Section 37 of the Local Government (Miscellaneous Provisions) Act of 1982 covers ‘temporary markets’ and gives local authorities the power to demand that anyone organising such a market, and the owner of the land or premises where it is to take place, seek appropriate permission from the authority. There are exemptions for sales where the proceeds are to be used for charitable, social, sporting or political purposes, but some authorities still demand notification, perhaps using a relevant Local Act or ancient charter entitling a council to control markets as justification.

The purpose of such controls seems to be more to do with preventing unfair competition for traditional markets than anything else. Club events, especially if they are infrequent, are unlikely to be of interest to local authority enforcement officers as it would hardly be proportionate or in the public interest to take action on a modest event attended by a small group of people. A monthly car boot sale, on the other hand, would certainly attract attention. Nonetheless, organisers of club autojumbles or table top sales might be wise to check the position of any such event that they plan with the local authority.