Section 10 Meaning of “occasional sale”
In this Part of this Act “occasional sale” means a concourse of buyers and sellers of articles held otherwise than on a highway or in a building (except a car park) and comprising not less than five stalls, stands, vehicles (whether movable or not) or pitches from which articles are sold, but does not include—
a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by statute;
a sale by auction of farm livestock or deadstock;
sales of a class which from time to time is by resolution of the borough council excluded from the operation of this Part of this Act;
a market held in accordance with a planning permission granted under section 58(1)(b) of the 1990 c. 8.Town and Country Planning Act 1990 (which provides for the granting of planning permission) or under a similar provision of a predecessor to that Act; or
a market the holding of which commenced before 1st July 1948 and has continued without extinguishment.