Conditions of Occupation – Indoor Market, Burton upon Trent 2014



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Burton upon Trent Indoor Market

Conditions of Occupation






Conditions of Occupation – Indoor Market, Burton upon Trent

2014

Contents


1.Introduction 3

2.Setting up off pop up stalls 3

3.Market charges and payments 4

4.Holidays, attendance & absence 4

4.1Holiday leave entitlement 4

4.5Attendance and absence 4

5.Declaration of a ‘Non Market Day’ and cancellations 5

6.Allocation of stalls and layout 5

6.1Allocation of stalls 5

6.9Waiting list 6

6.11Layout and location of stalls 6

7.Trader’s Details: Business name and goods 7

8.Insurance 7

9.Health and Safety 8

9.1Health and Safety at Work Act 8

9.4Emergency Services 9

9.8Damaged stalls/ Stall covers/ adaptation / extension etc 9

9.17Litter and trade waste 10

9.22Electricity Supply 10

9.23Small quite generators will be accepted at the discretion of the Markets Manager. 10

9.24Amplification Equipment 10

10.Conduct of traders, behaviour and discipline 10

10.5Contravention of Conditions of Occupation 11

10.7Behaviour and discipline procedure 11

11.Appendix A: Key market information: contacts and stall charges 13

Market Trader Details Form for Burton upon Trent Indoor Market 14




  1. Introduction





    1. This document sets out information, guidance and “conditions of occupation” for traders with stalls in the indoor market at Burton upon Trent. It replaces all previous market documentation.




    1. On acceptance to occupy a pop up stall under the jurisdiction of the Council, the trader agrees to pay the appropriate charge as required and to comply with the “Conditions of Occupation”.




    1. These “Conditions of Occupation” govern the use of a pop up stall in the market by traders. Any trader who breaches any of these conditions will receive a written warning. Subsequent and persistent breach of these conditions may lead to the trader being removed from the market altogether.




    1. The Conditions of Occupation should be regarded as complementary to the Council’s existing Financial Regulations and any other bylaws or regulations relating to markets.




    1. For the purposes of this document:




      1. “A Regular Trader” is a person who has traded continuously at the indoor market in Burton upon Trent in the preceding calendar year and has agreed to comply with these regulations. Regular traders will be allocated a reserved pop up stall(s) on their market day each week. A regular trader shall agree to pay the market charge, by cash, on the day of the market which they are attending, in accordance with the Conditions of Occupation – whether or not they attend (see Holidays, attendances and absences section).




      1. “A Casual Trader” is a person who has permission to use a pitch or pop up stall for the day of the market only and has agreed to comply with these regulations. A casual trader shall agree to pay the market charge by cash on the day of the market which they are attending in accordance with the Conditions of Occupation.
  1. Setting up off pop up stalls





    1. Traders must occupy their pop up stalls and have all vehicles removed from the market area by 8.30am. To help fellow traders and ease congestion it is desirable that once vehicles are unloaded, they should be immediately removed from the market area before detailed displays are set up on pop up stalls.




    1. Traders must remain trading in the market until 4:00pm.




    1. No vehicles are allowed in the market area for the purposes of loading before 4:00pm unless specifically authorised by the Market Officer.




    1. Rents are due immediately a pop stall is occupied and traders must ensure that the rent is available by 8.30am on each trading day.
  1. Market charges and payments





    1. The current pop up stall charges are set out in Appendix A together with a list of current incentives. Charges will be reviewed on an annual basis.




    1. Stallholders will be required to pay the full-agreed charge on occupation of the stall.




    1. Half rent is charged to regular traders for non-attendance.




    1. Payment for stalls must be made in cash only. Cheques will not be accepted.




    1. Registered charities will be allowed to trade free of charge on one occasion per year, upon providing proof of their charity status.
  1. Holidays, attendance & absence

    1. Holiday leave entitlement





    1. Each regular trader, who in the preceding calendar year has traded continuously at the indoor market in Burton upon Trent, may be granted two free days holiday leave in one calendar year per trading day (i.e. two market days on separate weeks).




    1. Regular traders may use their allowance of two “free trading days” as either holiday or sick allowance, or free of charge in lieu of the two day allowance.




    1. Holiday leave must be requested in writing from the Market Officer, who will record details. Absence in respect of holiday will require notice of at least one week. Failure to provide notice of leave may incur a half rent charge (see Attendance and absence section).



    1. Attendance and absence





    1. Half (50%) of the normal rent will be charged for regular traders who are absent from a market, unless the absence is for a pre-agreed holiday or the trader is able to provide a medical certificate for that day.




    1. In the event of sickness, a medical certificate will be required, for the information of the Council, who may then be in a position to waive the half rent charge.




    1. Traders who do not occupy their allocated stall on a specific market day, and incur liability for half the normal rent charge, will be liable to pay the half charge on resumption of trading.




    1. In the event of a stall not being occupied by 8.30am on any market day, whether or not the stallholder has given prior notice to the Council or Market Officer of an intention not to occupy the stall, the Market Officer shall have the authority to permit the use of the stall for that day by another trader.



    1. Absence from the market may not normally exceed three consecutive weeks. Any absence, or intended absence, from the market, must be communicated to the Market Officer, a minimum 24 hours notice must be provided for each week of absence and approval obtained for each week of absence. The Council reserves the right to require evidence to support periods of absence in excess of two weeks with approval granted according to the merits of each case.




    1. Regular traders not using their stalls for three consecutive weeks without written approval of the Council shall be liable to have the stall facility withdrawn.




    1. Continuous or persistent periods of absence likely to disrupt the goodwill of the market or the granting of lettings may result in a regular trader losing their allocation.



  1. Declaration of a ‘Non Market Day’ and cancellations





    1. The declaration of a “Non Market Day” will be determined by the Market Officer or other authorised officer of the Council whose decision shall be final. The presence of five market traders constitutes a market.




    1. The Market Officer reserves the right to cancel a market due to adverse weather or any other reason at the discretion of the Market Officer.




    1. If a Non Market Day has been declared due to health and safety concerns then no trader will be allowed to continue trading on that day.




    1. In the event of a Non Market Day no stall charges apply.




    1. Market days may be varied by the Council by virtue of public holidays and shall not be held on Christmas Day, Boxing Day or New Year’s Day.
  1. Allocation of stalls and layout

    1. Allocation of stalls





    1. The Market Officer, or authorised officer of the Council, will have complete discretion on the allocation of stalls to new and existing traders.




    1. East Staffordshire Borough Council reserves the right to relocate any trader, (either regular or casual) from their pitch in order to benefit or improve the appearance of the market or for special events.




    1. Regular traders will have first priority over any stall position regardless of the duration a casual trader has occupied the market.




    1. Casual traders are advised to attend the market by 08:00am and immediately report to the Market Officer to be allocated an appropriate market stall. The Market Officer will advise on all vacancies and will allocate a stall to the casual trader with consideration to the desired position, adjoining lines of goods, availability and practicality of the site position. The casual trader has no right to a guaranteed position on the market and should expect to be moved from time to time. Under no circumstances must casual traders occupy a stall without permission of the Market Officer or market staff.




    1. In the event of a stall not being occupied by 08.30am on any market day, whether or not the stallholder has given prior notice to the Council or Market Officer of an intention not to occupy the stall, the Market Officer shall have the authority to permit the use of the stall for that day by another trader.




    1. Traders not using their stalls for three consecutive weeks without written approval of the Council shall be liable to have the stall facility withdrawn.




    1. A principal cause of concern among traders is the number of goods of one type being traded. Restriction of competition rules mean that if a trader wishes to stand on the market and a stall or position is available, then that trader is entitled to stand.
    2. Waiting list





    1. If there are no vacancies for new regular traders on the market, we will add applicants to a waiting list. When a permanent stall becomes available, a trader from the waiting list will be offered the opportunity to become a regular trader. When selecting traders to stand when there are a limited or lower number of spaces than traders, consideration will be given to the type of goods on offer and its benefit to the market in order to achieve a balance and breadth of trade.



    1. Layout and location of stalls





    1. The ultimate decision regarding positioning of market stalls lies with the Council management. If it is felt in the best interests of the market to adjust the stall layout plan, or location of the market, then notice in writing will be provided to any affected trader(s) who will be expected to comply with this decision. Consideration will be given to ensuring that the best available alternative position is provided to the affected trader – particularly the regular trader.
  1. Trader’s Details: Business name and goods





    1. In compliance with Trading Standards, traders shall display, conspicuously and legibly on their stalls, their business trading name and town from which he operates his business.




    1. Traders must notify the Market Officer of any changes concerning their business in order that the Council has correct records and contact points. Current information regarding names, addresses, telephone numbers and public liability insurance must be supplied.




    1. All proposed changes in business name must be notified to the Council in writing for consideration.




    1. Where a trader proposes to change the composition of his business arrangements e.g. a change in partnership or persons wishing to use a stall etc, the Council must be notified a minimum of one month in advance for consideration.




    1. The Council reserves the right to see valid documentary evidence to support the change and to refuse changes where such evidence is not provided, inconclusive, or considered to conflict with the principles of allocation of stalls.




    1. The allocation of a pitch or stall in the market is personal to the trader and may not be transferred to any other person.




    1. The regular trader must obtain prior written approval from the Market Officer before changing the type of goods traded, or an extension of the range of goods traded, from those approved when his stall was allocated by the Council. Traders failing to comply will be asked to withdraw those goods from sale if objection is raised by other traders, and agreed by the Council.




    1. The Council reserves the right to define approved items for sale where it considers the line of goods declared to be ambiguous owing to the use of a general or otherwise imprecise description.
  1. Insurance





    1. The trader shall indemnify the Council from and against all claims, actions, damages, losses, expenses and costs in respect of any explosion, fire, accident or injury to any person or property which may arise as a result of, or in connection with, the occupation or use of any stall or pitch or space on any part of the market. The policy should fully indemnify the Council against any claim for damages in negligence, however so arising, whenever such a claim is attributable to the negligence or fault of the trader or his/ her employee(s).




    1. The trader shall hold a valid insurance policy for public liability claims up to £5,000,000 per claim and the trader will produce such policy and the receipt for the current year’s premium to the Council when required.




    1. Both regular and casual traders must furnish proof of insurance when applying for a stall on the market. Thereafter traders must provide annually at renewal documented proof of a valid certificate of insurance.
  1. Health and Safety

    1. Health and Safety at Work Act

Traders must meet there duties under the Health and Safety at Work Act 1974 and associated regulations, especially their duty to anyone in their employment or others not in their employment that may be affected by their work activities and associated risks.

Further guidance available from: www.hse.gov.uk

All Health and Safety direction and decisions requested by the Market Officer must be followed by market traders at all times.



Storage of hazardous and flammable substances

Precautions must be taken to reduce injuries and damage caused by fires and explosions during the storage of flammable liquids in containers, all flammable or highly flammable must be stored in suitable containers with the lids in place.


Gas

Gas fixtures and systems must have appropriate certification from a competent person who is gas safety registered for LPG appliances.


Electricity

Electrical Installation certificates and Periodic Inspection Reports to BS7671 should be available for every mobile catering unit (Trade associations such as ECa, NAPIT or NICEIC also produce certificates based on BS7671). This inspection should be done by a competent electrician.


All electrical equipment should be tested regularly by someone competent to carry out the test. Portable appliance testing (PAT) should be carried out on all portable appliances annually and six monthly for handheld devices in accordance with the IEE Code of Practice for In-service Inspection and testing of Electrical equipment
Generators

Generators need to be protected from inclement weather but have good ventilation at all times. It must be sited away from the public and/or in a protective cage on a hard standing or firm ground. External plugs and sockets must be waterproof and the circuit breakers must work effectively


Small generators should be placed on a bund enclosure to prevent ground contamination in the event of a fuel spill or mechanical failure: large generators often have bunds built into the design
A suitable (CO2) Fire Extinguisher should be within 5m of a generator
Fuel used for the generators must be stored in an approved container away from any ignition source and the generator itself. The safest form of fuel is LPG. It is recommended to use diesel rather than petrol to reduce the amount of fuel storage needed.
Generators must not be refuelled whilst the generator is still running.
Generators are also a noise source and can produce fumes. This must be borne in mind in the sitting of the equipment.


    1. Employers must display or have available their Certificate of Employers Liability Insurance




    1. A suitable first aid kit must be maintained and be readily available.
    2. Emergency Services





    1. Traders must keep all gaps between stalls clear at all times.




    1. Traders must keep goods and stock within the area of the allocated stall/pitch. Encroachment beyond the allocated area is not permitted without the prior consent of the Market Officer.




    1. Encroachment into the 4 metre emergency vehicle clear-way will not be permitted at any time during the active market.
    2. Damaged stalls/ Stall covers/ adaptation / extension etc





    1. Any damaged stalls must be reported to the Market Officer immediately.




    1. The cost of repairing or making-good any damages to stalls, fittings or other property caused by a trader, his employees or assistants, will be charged to the trader responsible for damaging the stall.




    1. Stalls provided by the Council must not be adapted in any way, unless the prior approval of the Market Officer is obtained. Adaptations must be safe and secure without compromising the structural integrity of the stall. The Council will not accept any liability associated with such modifications.




    1. The Council will provide tables for each stall, which should only be used for the stall for which issued and for the purpose for which intended. Under no circumstances must they be used for standing on during trading. This practice damages and soils tables for fellow traders.




    1. No building out from the perimeter of the stall will be allowed. Extensions will only be permitted at the discretion of the Market Officer.




    1. Stalls must not be loaded to the extent that they become dangerous or are likely to suffer damage. The hanging of heavy steelwork from roof poles is forbidden.




    1. Stalls must not be repositioned once erected. Gangways must be kept clear at all times. Any projections from the stalls, or attachments considered dangerous must be removed immediately upon request of the Market Officer.




    1. All traders are responsible for ensuring the best presentation of their pitch/stall. Should the trader fail to provide the required standard of presentation, then the market supervisor will be entitled to service notice on the trader and ultimately ask the trader to leave the market.
    2. Litter and trade waste





    1. Stallholders shall provide a proper receptacle for refuse during and after trading. No litter of any kind shall be deposited on the pavement, roadway, or any passageway adjoining the market or elsewhere. Each stall must be free from litter and refuse before the stallholder leaves the market.




    1. All waste produced at the market should be removed by the trader at close of business.




    1. It is the responsibility of the trader to manage trade waste until the end of the market in a neat and tidy manner which does not compromise the safety and well-being of the public.




    1. The trader must ensure that their trading areas are kept clear of trade litter at all times. Any trader failing to manage their waste in a responsible manner will be asked to leave the market.
    2. Electricity Supply

    3. Small quite generators will be accepted at the discretion of the Markets Manager.

    4. Amplification Equipment





    1. No sound amplification equipment shall be allowed in the market area, with the exception of special events approved by the Council.
  1. Conduct of traders, behaviour and discipline





    1. Traders shall conduct their business in such a manner as to maintain good order, discipline and the reputation of the market.




    1. The trader shall, at all times, conduct his 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 Officer or market staff.




    1. The trader shall at all time exercise courtesy towards members of the public passing through the market area.




    1. The Council reserves the right to exclude from the market any trader:




      1. Causing, provoking or participating in any altercation with another trader or member of the public, be it verbal or physical. Threats of violence, intimation, bullying or abusive language against the Market Officer or an other authorised officer of the Council will not be tolerated;

      2. Failing to comply with the Conditions of Occupation;

      3. Failing to pay the required stall rents;

      4. Failing to comply with any reasonable direction given by the Market Officer or other authorised officer of the Council.
    1. Contravention of Conditions of Occupation





    1. These Conditions of Occupation govern the use of stalls in the market by traders. Any trader who breaches any of these conditions will receive a written warning. Subsequent and persistent breach of these conditions may lead to the trader being removed from the market altogether.
    2. Behaviour and discipline procedure





    1. Any behaviour deemed unacceptable shall render the trader:




      1. Liable to a written warning

      2. Liable to immediate suspension from the market, followed by:

      3. Disciplinary proceedings which may result in a further period of suspension and / or immediate termination of all trading rights by the offending trader at any of East Staffordshire Borough Council’s markets.




    1. Any exclusion from the market may be immediate. However, it will be deemed a temporary measure pending full investigation by the Council.




    1. Any investigation will be dealt with within three weeks of an exclusion taking place and the trader concerned informed of the decision of the Council within that three week period.




    1. The Council also reserves the right to use other disciplinary measures such as written warnings prior to exclusion depending upon the nature of the misconduct. Exclusion may follow a maximum of two written warnings within two years.




    1. Traders will have the right to appeal against any decision of the Council made under these Conditions of Occupation. In such cases, an appeals panel will be established.




    1. Evidence will be provided to the panel by the Market Officer and any other relevant witnesses or character referees.

  1. Appendix A: Key market information: contacts and stall charges




Location

Market Hall, Burton upon Trent

Market days

Thursday, Friday and Saturday

Trading hours

09:00am – 04:00pm

Cost per stall

£40 per pop up stall per day

Stall size

3 metres x 3 metres

Contact Details

Market Officer: Catherine Malkin (01283 508325)

Email: Catherine.malkin@eaststaffsbc.gov.uk




Market Trader Details Form for Burton upon Trent Indoor Marketesbc black jpg.jpg


We are required to keep up-to-date records of all market traders including contact details, information about public liability insurance and eligibility to work in the U.K. All traders must supply the following details for our records.


Name




Address




Postcode




National Insurance No.




Telephone No.




Mobile No.




Vehicle Registration



Stall Information



Goods traded:




Please indicate which market day you would like to trade on:

Thursday / Friday / Saturday

Public Liability Insurance – to the value of at least £5,000,000



Policy Details




Policy Number




Renewal date



Emergency Contact



Emergency Contact Name




Relationship




Contact number(s)



Markets Federation Membership (if applicable)



Federation Membership No.




Renewal date



I have received a copy of East Staffordshire Borough Council’s Conditions of Occupation.



I agree to pay the appropriate charge as required and comply with the Conditions of Occupation.

Signed:




Print Name:




Date:





Please sign and return this completed form together with a copy of your Public Liability Insurance Certificate.


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