Docstoc

MARKET STALL REGULATIONS

Document Sample
MARKET STALL REGULATIONS Powered By Docstoc
					                  MARKET STALL REGULATIONS
                       (Effective from: 1 November 2008)


1) STALL MARKETS SERVICE

  East Lindsey District Council Stall Markets shall be held in Horncastle, Louth,
  Mablethorpe and Spilsby in accordance with the table of frequency at 2)
  below. For the avoidance of doubt, reference within these regulations to a
  “market”, means an individual daily market, regardless of town, unless
  otherwise stated and apply equally to stall(s) or pitch(es). In addition, these
  regulations apply equally to traders, their staff or representatives

2) FREQUENCY

  a) Markets will be held weekly throughout the year in accordance with the
     following table:

  Location    Monday Tuesday Wednesday Thursday Friday Saturday
  Horncastle                              ●3              ●
  Louth                         ● 2
                                                  ●4      ●
  Mablethorpe   ●1                        ●
  Spilsby       ●

  1 Summer Market Only
  2
    Every 4th Wednesday Farmers Market in Louth
  3
    Every 2nd Thursday Farmers Market in Horncastle
  4
    Every 2nd Friday Farmers Market in Louth

3) CORE TRADING TIMES

  a) Core trading times are those hours during which pitches must be
     occupied and trading.
  b) Permanent traders must take occupation of their pitch by 8.00 a.m.
  c) Casual traders shall be allocated a pitch as early as possible after 8.00
     a.m., subject to availability.
  d) Traders will not be expected to vacate stalls before 4.00pm.
  e) At the close of the market, stalls must be cleared not later than 5.00
     p.m. and the market place vacated.

4) PERMANENT AND CASUAL TRADERS

  a) All traders are initially designated “casual”. Traders are designated
     “permanent” following appearance at four consecutive markets.


                                       1
  b) From time to time, the Council may offer incentives to attract
     new/additional traders to attend any ELDC stall market.

5) APPLICATIONS

  a) Permission to commence trading on East Lindsey’s markets, whether as a
     permanent or casual trader, is subject to compliance, by the trader, of all
     the following conditions:
     i) Receipt of a fully completed application form, signed by the applicant
     ii) Receipt of a copy of the District Council Market Stall Regulations,
          signed by the applicant to confirm acceptance
     iii) Receipt of a copy certificate demonstrating valid Public Liability
          Insurance against an amount not less than £5,000,000, (five million
          pounds).
  b) Where any of the above documentation has not been received by the
     office in advance, or is not passed to the Markets Supervisor upon arrival
     at the market, then the trader will not be permitted to trade.
  c) Permission to stand is granted subject to the availability of sufficient and
     suitable space on any market day and in accordance with the current
     tenant mix policy.
  d) All permanent traders should, wherever possible, be allocated the same
     pitch at each Market attended.
  e) In all cases, the allocation of stalls remains at the absolute discretion of
     the Markets Supervisor.

6) RENTS

  a) The rents payable for the hire of the market stalls or pitches shall be
     reviewed and set annually by the District Council.
  b) Rents shall be set in each case relating to the size and/or number of
     stalls or pitches occupied by the trader and any additional trading area
     occupied by the trader in association therewith.
  c) Rents payable by permanent traders shall be paid by one of the following
     means:
     i) Cheque, made payable to “Post Office”, presented to the Markets
         Supervisor on market days, (daily or monthly)
     ii) Bank Standing Order Mandate (monthly or quarterly)
  d) For security purposes, permanent traders may not make cash payments.
     Permanent traders who elect to pay by instalments in advance would be
     eligible to take advantage of any discounted rates that the District
     Council may decide to offer when reviewing and setting the annual
     charges.
  e) Payments made by Standing Order will become due on the first day of
     the month commencing the period to be covered by the rent payment.
     Payments made by cheque will become due on the first market attended
     in each month, if paying on a monthly basis, or on each market day if
     paying on a daily basis.
  f) Rents payable by casual traders shall be paid by one of the following
     means:
     i) Cash paid to the Markets Supervisor on market days
     ii) Cheque paid to the Markets Supervisor on market days if
         accompanied by a valid cheque guarantee card covering the sum of
         rent due.
                                       2
7) STALLS – ERECTION, DISMANTLING, USE AND DAMAGE

  a) Except with the consent of the Markets Supervisor, traders shall only use
     the stalls provided by the District Council.
  b) Once erected, no stall supplied by the District Council shall be removed,
     disconnected, dismantled or altered by any trader unless written
     application to do so has been approved by the Markets Supervisor.
  c) Traders are responsible for ensuring that any authorized alteration to the
     stall complies with all current Health & Safety legislation.
  d) Traders must not damage or deface stalls, stall boards or any other
     property of the District Council.

8) STALL LOCKING PINS

  a) Locking pins will be issued to all Traders for insertion into the frame
     sections to ensure the structural integrity of the stalls for the benefit of
     Traders and public alike. These locking pins must be inserted at all times
     when the stall is covered by any stall/canopy and before the Trader
     commences to trade.
  b) The Market Supervisor, or his representative, will check the stalls at each
     market, to ensure that Traders have put the securing pins in place.
  c) In the event that a trader should lose, or forget to bring the securing pins
     to the market, then further pins must be purchased from the Market
     Supervisor at the current rate, prior to trading.
  d) Traders are responsible for removing the locking pins from the stalls after
     trading has ended.
  e) Traders are entirely responsible for ensuring that they provide safe and
     secure means of access to the pin mounting points, should it be
     necessary for them or any person under their control to work at height.
  f) The Council will accept no responsibility for any injuries, or claims for
     compensation, arising out of the requirement within these Terms and
     Conditions to insert or remove the security pins.

9) STALL COVERS

  a) Stalls as supplied by the District Council are provided without stall
     covers.
  b) In order to create a consistent theme to all markets, the design of stall
     covers used by traders shall be green and white stripe. At the discretion
     of the Markets Supervisor, traders may use either plain white or green
     covers where this is required in connection with the type of goods sold by
     that particular trader.
  c) Traders must ensure that any stall cover is provided and fitted in
     accordance with current Health & Safety legislation.
  d) Traders are entirely responsible for ensuring that they provide safe and
     secure means of access, should it be necessary for them or any person
     under their control to work at height.
  e) The Council will accept no responsibility for any injuries, or claims for
     compensation, arising out of the requirement within these Terms and
     Conditions to provide and install stall covers.


                                       3
10)   STALL & PITCH BOUNDARIES

  a) Traders shall not, without specific approval, place goods or refuse or in
     any way occupy any area beyond the boundaries of the stall or pitch
     rented to them. This applies to all such goods or refuse whether placed
     on the ground, on tables, boxes or rails or suspended from the frame of
     the stall.
  b) The boundary of the stall is defined as an area enclosed by the frame of
     the stall as supplied by the District Council and for which the trader has
     agreed to pay a sum of rent at the prevailing rates set by the District
     Council.
  c) The District Council shall permit extensions to stalls or pitches, at its
     discretion, where to do so would not impede the operation of the market
     or the pedestrian flow nor prejudice the safety of the users of the market.
  d) Applications for extension shall be by written application detailing the
     nature and degree of the extension and shall be addressed to the Markets
     Supervisor.
  e) A charge shall be made for any additional trading space occupied outside
     the usual stall or pitch boundary and shall be based on the prevailing
     rates for the rent of pitch space, (per square foot or part thereof), as set
     by the District Council.

11)   STALL SIGNAGE

  a) Traders are required to display their name on a sign board on their
     stall(s) or pitch(es)

12)   VEHICLES

  a) All traders’ vehicles and trailers must be unloaded immediately after the
     trader has taken occupation of the stall. When unloaded, traders must
     remove their vehicles from the market before commencement of trading
     and in any event, no later than 9.00 a.m.
  b) Where it can be demonstrated that it is essential to a trader’s commercial
     interest that a vehicle remains on the market, this shall be permitted,
     where possible, with the prior agreement of the Markets Supervisor.
     Parking fees will be payable for such vehicles.
  c) All traders’ vehicles which are parked off-site and in District Council
     operated car parks shall display either a valid pay and display ticket, or a
     valid parking permit.
  d) Traders shall not return their off site vehicles to the market during core
     trading times, nor shall on site vehicles be removed from the market
     during core trading times. In the case of emergency, as declared by the
     Markets Supervisor, or in the case of adverse weather conditions, as
     declared by the Markets Supervisor, these regulations may be relaxed
     either in individual cases, or collectively according to the circumstances.
  e) At the close of the market, stalls must be cleared not later than 5.00
     p.m. and the market place vacated.




                                       4
13)   REFUSE REMOVAL

  a) Traders are required to keep their stalls and pitches and associated areas
     free from refuse and in a condition to the satisfaction of the Markets
     Supervisor.
  b) Traders shall be responsible for the removal of their waste to the refuse
     containers where provided by East Lindsey District Council for such use.
  c) Traders shall make use of these containers for the disposal of refuse
     generated as a result of trading on East Lindsey Market only and shall not
     be permitted to transport refuse from other sites for disposal.
  d) On no account shall markets waste be disposed of in public litterbins.

14)   TRANSFER OF SUB-LETTING OF STALLS/PITCHES

  a) The transfer or sub-letting of stalls and pitches, or any part thereof, is
     strictly prohibited.
  b) In the event of a trader disposing of his or her business to another
     trader, then a new application for permission to stand on East Lindsey’s
     market shall be completed by the purchasing trader and submitted to the
     District Council for consideration.
  c) The District Council, for its part, shall not unreasonably withhold
     permission and shall, where possible, allocate the same stalls or pitches
     as previously used by the vendor trader, subject to compliance with the
     agreed tenant mix.
  d) The purchasing trader shall not stand prior to receiving the necessary
     consents.

15)   CHANGES IN GOODS TRADED

  a) In the event of a trader wishing to make a material change in the type or
     range of goods traded, then a new application to stand on East Lindsey
     Stall Markets shall be completed by the trader.
  b) The District Council, for its part shall not unreasonably withhold
     permission, but shall determine the application having due regard to the
     currently adopted tenant mix.
  c) The trader shall not make any material changes in the type or range of
     goods traded prior to receiving the necessary consents.

16)   HEALTH & SAFETY

  a) Traders will be expected to conduct their business in a safe and
     responsible manner, with a view to supporting the Council in its
     commitment to complying with the adopted Safety Policy. In particular,
     they shall ensure that all accidents, however small, involving market
     operations controlled by the Council must be reported to the market.
  b) Additionally, traders who employ five or more people must have their
     own Safety Policy and documented Risk Assessment, both of which are
     required by law and must be available for inspection at all times.
  c) Portable electrical equipment shall be in good order and condition and
     covered by a current electrical safety certificate.



                                      5
  d) Any generator used shall not be operated if noise levels and/or exhaust
     emissions give rise, in the opinion of the Markets Supervisor, to
     annoyance and/or discomfort to members of the public or other traders.


17)   INDEMNITY AND INSURANCES

  a) Traders shall indemnify the District Council from and against all claims,
     damages, loss, expenses and costs in respect of any explosion, fire,
     accident or injury to any persons or property which may have arisen as a
     result of or in connection with the occupation or use of any stall or pitch
     on any part of an ELDC Stall Market.
  b) Proof of indemnity against an amount of no less than £5,000,000 (five
     million pounds) shall be presented upon initial application for the holding
     of a market stall and annually upon renewal of such insurance.

18)   LAYOUT

  a) The District Council reserves the right to alter the layout of the market
     from time to time in order to accommodate any works or other activities.
  b) Wherever possible, such changes will be notified to the traders affected
     by such changes in advance of market days.
  c) The District Council reserves the right to permanently alter the layout of
     the market, subject to prior consultation with the market traders and/or
     their representatives.

19)   CONDUCT

  a) The Trader (and his/her staff or representative) shall, at all times,
     conduct his/her business in an orderly manner without causing
     obstruction of the market or interfering in any way with the business of
     any other Trader and in compliance with instructions given from time to
     time by the Market Supervisor, or other Council representative.
  b) Traders (and their staff) shall at all times exercise courtesy towards other
     Traders, Council staff and members of the public.
  c) Traders shall not without consent of the Market Supervisor permit any
     goods, instruments or apparatus belonging to them to remain for longer
     than is necessary in any part of the market premises used in common
     with other traders.
  d) Use of radios, loud speakers or other instruments used in a manner likely
     to cause a nuisance to other traders or the public is prohibited.
  e) Traders are not permitted to bring animals onto the market without the
     consent of the Market Supervisor.

20)   TENANT MIX

  a) In order to ensure that trade is maximised, attention needs to be given
     to the tenant mix. Goods traded are therefore split into the following
     categories:
     i) CORE - those trades which are essential to the provision of a
         successful market and which warrant the highest number of stalls.


                                       6
       ii) DISCRETIONARY - those trades with more specialist appeal or which
           meet current trends.
  b)   In times of over subscription, new applications for “core” trades take
       precedence over “discretionary” trades.
  c)   In times of under subscription, the District Council will endeavour to
       attract additional trades to the market, but reserves the right to increase
       the number of stalls marketing “discretionary” goods by 1 stall.
  d)   No increase to the number of stalls shall be effected in respect of “core”
       trades.
  e)   The tenant mix will be effected based on the main trade only.
  f)   The tenant mix shall be reviewed annually.
  g)   A copy of the current agreed tenant mix is attached at Appendix A

21)    CHARITIES AND NON-COMMERCIAL ORGANISATIONS

  a) Commercial traders should always take precedence over charitable and
     non-commercial organisations. Therefore, where the market can be let to
     capacity to commercial traders, no charitable or non-commercial
     organisation shall be permitted to stand.
  b) All applications from charitable and non-commercial organisations shall
     be treated in the same way as applications from commercial traders.
  c) Charities and non-commercial organisations may not reserve stalls or
     hold over an application from one date to another. Each and every
     market appearance must be supported by a separate application.
  d) Any and all such applications are to be referred to the Business
     Development Manager for approval.
  e) Whilst these applications shall be determined at the absolute discretion of
     the appointed officer, no political organisation or non-political pressure
     group shall be permitted to stand on the market.

22)    PROCEDURE FOR DEALING WITH COMPLAINTS

  a) Complaints by Traders in respect of any matters affecting the market
     must initially be reported to the Markets Supervisor within 28 days of the
     incident the subject of the complaint and must be in writing specifying in
     detail the nature of the complaint and the date and time of the incident
     resulting in the complaint being made. In the case of complaints against
     individual traders on receipt of the complaint the Markets Supervisor shall
     investigate the complaint promptly and, if appropriate, take action
     pursuant to the provisions of Regulation 23(a) (i)-(iii) and in the case of
     the appropriate action falling within Regulation 23 (a) (iv) and (v) shall
     refer the matter to the Business Development Manager for a decision as
     to the appropriate action and in any event shall notify the complainant of
     the result of the investigation and any action taken as a result of the
     complaint.
  b) If, following the investigation and any subsequent action taken pursuant
     to the complaint, the complainant is not satisfied with the outcome then
     the complainant may, within 28 days of receipt of notification to him
     pursuant to Regulation 22 (a), refer the matter in writing to the Business
     Development Manager (or if the matter has been dealt with by the
     Business Development Manager then to the Strategic Director) for a
     review of the matter who shall promptly then conduct a review of the
     actions taken by the Markets Supervisor or Business Development
                                         7
     Manager as the case may be and shall notify the complainant in writing
     within 7 days of the completion of the review of that decision as to
     whether it has been decided to uphold the decision of the Markets
     Supervisor or Business Development Manager or not and the reasons for
     that decision.
  c) In the event that an appeal has been lodged pursuant to Regulation 23
     (c) by the trader complained of against the decision of the Markets
     Supervisor or the Business Development Manager then the all actions
     against the trader in question shall be suspended pending the outcome of
     the appeal and the complainant’s appeal shall be similarly suspended.

23)   DISCIPLINE AND APPEALS PROCESS

  a) Any proven act or omission which contravenes any of these Regulations
     may be subject to a disciplinary penalty. The penalties to be imposed
     may be as follows depending on the severity of the breach of the
     Regulations:-
     i) Verbal warning (to be confirmed in writing)
     ii) Written warning
     iii) Final written warning
     iv) Suspension of trading licence for up to 5 years
     v) Permanent exclusion from all or any of the Council’s markets
  b) Subject to the appeal provisions of Regulation 23 (c) hereof the Markets
     Supervisor shall have authority to determine matters within Regulation
     23 (a) (i)-(iii) and the Business Development Manager shall have
     authority to determine matters within Regulation 23 (a) (iv) and (v).
  c) An appeal against the decision of the Markets Supervisor or the Business
     Development Manager (as the case may be) may be made in writing to
     the Business Development Manager (in the case of an appeal against the
     decision of the Markets Supervisor) or to the Strategic Director (in the
     case of an appeal against the decision of the Business Development
     Manager) setting out the grounds of appeal within 28 days of the decision
     being made and notified to the trader the subject of the initial complaint
     whereupon the Business Development Manager or Strategic Director (as
     appropriate) shall arrange a hearing where the appeal may be
     considered. At such hearing the trader concerned shall be entitled to be
     represented and the Business Development Manager or Strategic Director
     (as the case may be) shall either uphold or dismiss the appeal in total but
     if considered appropriate may modify the decision of the Markets
     Supervisor or Business Development Manager by either increasing or
     decreasing the penalty imposed
  d) The appeal decision shall be notified to the trader concerned at the
     conclusion of the hearing and confirmed in writing within 7 days of the
     conclusion of the appeal and any penalty imposed or upheld shall be
     effective as from the notification of the decision to him

24)   ABSENCE FROM THE MARKETS

  a) Permanent traders are permitted rent free absence from the market for
     up to two markets per year, subject to a qualifying period of six months
     fully paid attendances.
  b) Rent remains payable during any additional periods of absence if the
     trader wishes to resume trading under designated “permanent” status.
                                      8
  c) Where rent is not received for additional periods of absence, the trader
     shall assume designated “casual” status upon their return.
  d) Except in the case of emergency, at least one week’s notice in advance of
     the first date of absence shall be given to the Markets Supervisor.
  e) The Council reserves the right to let vacant stalls and/or pitches to casual
     traders during periods of absence.
  f) In the event of unavoidable delay by a trader through illness, vehicle
     breakdown or other reasonable cause, the Council will guarantee the stall
     or pitch until 08.30 hours only, provided that the trader concerned has
     reported the anticipated delay to the Market Supervisor on his mobile
     telephone number by 08.00 hours on the market day concerned.
     i) A later time may be agreed at the absolute discretion of the Markets
          Supervisor and in exceptional circumstances only.
     ii) The Council reserves the right to re-let the stall/pitch after 08.30
          hours or after such other time as may have been agreed at the
          discretion of the Markets Supervisor.
     iii) The permanent trader will be liable for the full day’s rent.
  g) In the case of a permanent trader who is absent through ill health, full
     rent will be payable for the first two weeks of absence.
     i) At the discretion of the Trading Team Leader, rent may be waived
          after the first two weeks, up to a maximum of thirteen weeks inclusive
          where the trader presents a medical certificate confirming the reason
          for absence.
     ii) After thirteen weeks the stall(s) or pitch (es) will be re-let.
  h) Following absence by a trader of three consecutive markets, without
     proper notification of the cause of absence, the agreement for that trader
     shall be terminated and the stall/pitch re-let.
     i) All rents are due to the Council up to and including the date of
          termination.

25)   MARKETS ON BANK HOLIDAYS

  a) At times when statutory holidays fall on an East Lindsey market day (with
     the exception of Mablethorpe Monday market), no market shall be held.
  b) Any markets lost from the annual allotted number, and paid for in
     advance through annual, quarterly or monthly payments will be credited
     to those traders thereby affected.
  c) Between Boxing Day and New Years Day each year, markets will only be
     held where 50% or more Traders have agreed to stand.

26)   EXTREME WEATHER CONDITIONS

  a) In the event of extreme weather conditions where it is considered by the
     Markets Supervisor that a serious risk of injury to the public and/or
     traders and/or damage to goods or equipment exists, the District Council
     reserves the right to cancel the holding of the market on that day or to
     call an early cessation to trading.
  b) Where trading has already commenced and the Markets Supervisor
     considers it appropriate to require the cessation of trading activity, he
     shall notify the traders accordingly and supervise the removal of all
     goods, equipment and vehicles from the Market Place.


                                       9
27)   ABANDONED MARKETS

  a) A market may be declared abandoned at the discretion of the Market
     Supervisor if adverse weather conditions should develop before 1030
     hours making it difficult to stand on the market, presenting a hazard or
     danger to traders and the public. Traders will not be expected to pay a
     rent for the day in question.
  b) Where, in the opinion of the Market Supervisor it is possible to allow
     Traders to operate from a vehicle/trailer only without compromising
     public or trader safety, this may be permitted. Traders attending will pay
     half rent for the day in question.

28)   COMPLIANCE WITH FOOD SAFETY REGS 1990

  a) All traders of hot or cold food shall comply with the Food Safety Act 1990
     and all regulations made there under. For details of the current
     Regulations relating to cleanliness and to the storage of foodstuffs where
     temperature controls are a legal requirement, Traders are invited to
     contact the Food Safety Team with the Council (Tel: 01507 601111);
  b) Where non-compliance is demonstrated, the termination of lettings
     procedure, as detailed herein, shall apply.

29)   SALE OF ILLEGAL OR INAPPROPRIATE GOODS

  a) The District Council reserves the right to terminate any letting or to
     refuse any application on the grounds of the illegality or
     inappropriateness of goods traded.
  b) Traders are required to comply with the General Product Safety
     Regulations 2005 and the Shops Acts.

30)   OTHER MARKETS

  a) The District Council will seek to prevent the holding of any permanent or
     temporary market or car boot sale on the same day, within six and two
     thirds of a mile of any ELDC Chartered Stall Market.
  b) The District Council shall, where it considers it appropriate, permit certain
     speciality markets to be held in conjunction with and/or in addition to any
     ELDC Stall Market. Such markets include, but are not restricted to,
     farmers’ markets, Christmas markets, continental markets, and antiques
     and craft fairs. Such market shall be operated exclusively by/in
     partnership with East Lindsey District Council.

31)   CONSULTATION

  a) The District Council will hold quarterly meetings with Traders, wherever
     possible to coincide with meetings organised by the National Market
     Traders Federation (East Lindsey Branch).

32)   COMPLAINTS

  a) Any complaint by a market trader shall be directed in the first instance,
     either verbally or in writing, to the Markets Supervisor.

                                       10
b) If the trader considers that unsatisfactory remedial action has been taken
   by the Markets Supervisor or if the Markets Supervisor is unavailable, the
   complaint shall be directed, in writing, to the Business Development
   Manager.
c) If, after referral to the Business Development Manager, the trader still
   considers that the issue has been dealt with unsatisfactorily, then the
   Council’s formal complaints procedure should be followed.




                                    11
TENANT MIX                                                   APPENDIX A

                                             Optimum Number of Stalls
     Category      Goods Traded             Louth Market Other Markets
     CORE          Flowers & Plants              3             2
                   Fruit & Vegetables            2             1
                   Catering                      3             1
                   Gents Fashions                2             1
                   Ladies Fashions               2             1
                   Greetings Cards               2             1
     DISCRETIONARY Army Surplus                  1             1
                   Audio Visual                  2             1
                   Books & Magazines             1             1
                   Bread & Cakes                 1             1
                   Carpets & Rugs                1             1
                   Children’s Clothing           1             1
                   Confectionary                 1             1
                   Hardware                      1             1
                   Home Furnishings              2             1
                   Hosiery                       2             1
                   Jewellery                     2             1
                   Lingerie                      1             1
                   Cosmetics                     1             1
                   Crockery                      1             1
                   Crafts                        1             1
                   Delicatessen                  1             1
                   Fish                          1             1
                   Haberdashery                  1             1
                   Luggage & Handbags            1             1
                   Meat & Meat Products          1             1
                   Shoes                         1             1
                   Toys                          1             1
                   Stationery                    1             1
                   Blinds                        1             1
                   Bicycle Accessories           1             1
                   Key Cutting                   1             1
                   Mobile Phone Accessories      1             1
                   Computer ware                 1             1
                   Pet Food                      1             1
                   Sportswear                    1             1
                   Sports Equipment              1             1
                   Watches & Clocks              2             1


        The list is by no means exhaustive and is reviewed annually.




                                   12

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:10
posted:9/21/2011
language:English
pages:12