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)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;
(b)a sale by auction of farm livestock or deadstock;
(c)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;
(d)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
(e)a market the holding of which commenced before 1st July 1948 and has continued without extinguishment.