Market Licence Regulations September 2014 Index



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Market Licence Regulations
September 2014

Index


  1. Introduction




  1. Definitions




  1. General




  1. Licence


4.1 Nature, term and transfer of licence
4.2 Product lines and product line extensions
4.3 Applications for Stalls and new stall allocations



  1. Payment and fees


5.1 Payment and charging of stall fees
5.2 Markets credit scheme and absences


  1. Insurance and liability


6.1 Insurance
6.2 Indemnity and cost of damage


  1. Conduct




  1. Market operation


8.1 Hours of operation and attendance
8.2 Closure and layout of the market
8.3 Works affecting the market
9. Safety
9.1 General health and safety
9.2 Vehicle manoeuvres
9.3 Obstruction loading/unloading
9.4 Risk assessment
9.5 Fire
9.6 Liquid Petroleum Gas (LPG)

9.7 Electricity
9.8 Generator
9.9 Temporary structures
9.10 Stalls
9.11 Identity
9.12 Litter and trade waste
9.13 Food stalls


    1. Amplified music


10. Market Shoppers Charter
11. Enforcement of regulations
11.1 Contravention of the Market Licence regulations

11.2 Disciplinary code of procedure
11.3 Appeals procedure
12. Allocation of occasional pitches for casual traders
13. Food stalls
14. Complaints
15. Appendix
1. Food hygiene

2. Charges
St Edmundsbury Borough Council
Market Licence Regulations
1. Introduction
The need for Market Licence Regulations
The markets operated in Bury St Edmunds and Haverhill provide an essential community facility to residents and visitors and are intended to offer affordable business opportunities for traders. They are an important part of our local communities and ensuring that they continue to thrive and develop is part of St Edmundsbury Borough Council’s key economic development priority. The council intends to ensure that visitors receive an excellent standard of customer service, enjoy a positive experience and want to visit again.
With these goals in mind these regulations set out the terms and conditions which must be adhered to by a trader granted a licence to trade in the council’s markets. These regulations define the council’s rights as the market operator, and the standards and obligations the council is placing on the market trader.
Any trader who is granted a licence to trade in the council’s markets must accept and agree unreservedly to abide by these regulations.
These regulations are intended to be fair and reasonable whilst providing the flexibility of the council’s market operation to meet the potential future needs of the market’s customers. These regulations also set out penalties for breach and include a fair and clearly defined process to appeal certain decisions taken by the council’s Markets Management Team.
These regulations replace the Provision Market Regulations previously issued by the council.
The council’s commitment to market traders
The council commits that it will administer the market operation in such a way as to ensure:

  • a safe and welcoming environment in which to trade;

  • the continuous development and promotion of the markets and market events to attract new shoppers and traders;

  • a balanced market offering with limited duplication of both core and competing secondary product lines;

  • a fair and thorough application process for traders wishing to apply to trade or introduce a new product line;

  • a right of appeal against suspension, termination or refusal to transfer licence with a defined process and time table; and

  • open and two-way communication with all traders, either directly or through their nominated representatives.



Future changes
St Edmundsbury Borough Council may change these regulations at any time in the future. Prior to changing these regulations the council will consult with traders for not less than four weeks and will then give four weeks’ written notice before any change takes effect.
The daily operation of the market is the responsibility of the Market Supervisor (and his/her delegated market officer) who is entrusted and authorised to apply discretion and judgement in the interpretation of the regulations.
2. Definitions


  1. Appeal process means the process applied by the council for dealing with appeals submitted by market traders against decisions taken by the council’s Markets Management Team.




  1. Casual trader means any trader granted a licence to trade and to pitch a stall in the market for a single day.




  1. Council means St Edmundsbury Borough Council.




  1. Equipment means portable rails and stands, generators, bins and other receptacles.




  1. Exceptional circumstances means circumstances that could not be reasonably foreseen and for which there was insufficient time to take the necessary action to resolve the situation arising from those circumstances.




  1. Goods and services include provisions, commodities, articles and services permitted by the council to be brought into the market for the purpose of sale.




  1. Interim Trader means any casual trader granted a special long term licence (maximum 17 markets a year) based on the permanent trader fee structure. An interim trader is not guaranteed a fixed pitch location.




  1. Licence means the licence issued to a trader in the form prescribed by the council which permits casual traders, interim traders and permanent traders to trade in the market in accordance with these regulations.




  1. Market means the provision markets held in Bury St Edmunds and Haverhill respectively.




  1. Market day means a day on which the markets are authorised by the council to open for trading as detailed in Regulations 3.1.




  1. Market hours means the hours of operation as detailed in Clause 3.1 or subsequently revised by the council.




  1. Markets Manager means the officer responsible for the operation of the markets.




  1. Market Shoppers Charter means the Market Shoppers Charter approved by the council and which all traders agree to recognise and abide by.




  1. Markets Supervisor means the front line officer responsible for the operation of each market trading day.




  1. Permanent trader means any trader granted a licence to trade and pitch a stall in the market for a period of 12 consecutive calendar months.




  1. Serious misconduct means conduct on the part of the trader or of their staff which the council considers so unreasonable that it destroys the trust necessarily required for the continuance of the trader’s Market Licence Agreement.




  1. Site means the place allocated by the Markets Management Team to the trader upon which the trader is permitted to pitch a stall.




  1. Stall includes a compartment, standing bench, table, vehicle, place, pitch or space in the market used or intended to be used for the sale of goods or services.




  1. Street vending permissions means street vending and street café permits which are issued by the council for all circumstances where amenities are provided on highways by persons other than the council. To place tables, chairs or other temporary furniture on the pavement in England and Wales you require a licence from your local authority. These are required for trading outside of the official council markets.




  1. Trader means a person or legal entity offering goods or services for sale granted a licence to trade from a stall on the market and includes casual traders, interim traders and permanent traders.




  1. Byelaws are rules made by a local authority for the regulation of its affairs or management of the area it governs.

3. General
3.1

The Market days are:


Bury St Edmunds – Wednesdays and Saturdays
Haverhill – Fridays and Saturdays
Market days may be varied in exceptional circumstances by the council, except that markets will not be held on Good Friday, Christmas Day, Boxing Day and New Year’s Day. Market hours are 06.00 to 18.00. During this time traders are required to trade from 09.00 to 16.00, except for the Saturdays before Christmas, when traders will be required to trade from 09.00 to16.30.
3.2

Traders will be allocated a pitch for their stall to trade from. The size and position of the pitch will be the sole discretion of the Markets Manager, who reserves the right to change the location and size of a pitch in the event of exceptional circumstances. The decision of the Markets Manager in this respect shall be final and is not subject to an appeal. No pitch may be increased in size, nor exceed 12 feet in depth, without the permission of the Markets Manager or Markets Supervisor.


3.3

All permanent, casual and interim traders must sign a licence and sign to say they have read and agree to abide by the Market Licence Regulations and are not permitted to trade in the markets unless they do so.


3.4

All traders are required to provide proof of public liability insurance cover as required to the Markets Manager or Markets Supervisor by Clause 6.


3.5

Permanent traders wishing to leave the market must give a minimum of four weeks written notice of their intention to the Markets Manager or Markets Supervisor. Such notice period may be waived by the Markets Manager or Markets Supervisor at their sole discretion.


3.6

Nothing contained in these conditions is to be taken to relieve or excuse the trader from any existing legal duty. Nothing herein shall be deemed to create the relationship of landlord and tenant between the council and the trader.


3.7

All traders shall observe and comply with the byelaws and the Market Licence Agreement.



4. Licence
4.1 Nature, term, review and transfer of licence
4.1.1

Subject to Clause 4.1.2, the licence is non-transferable and traders may not sublet or share their pitch without the written consent of the Markets Manager.


For permanent traders the licence will run for 12 months from the date it is awarded, and for interim traders the licence will run for a maximum of 17 markets a year from the date it is awarded. For permanent traders the licence will automatically be renewed for a further 12 months subject to the circumstances set out below.
A licence may be reviewed by the Markets Manager or Markets Supervisor at any time. The trader will be told that his/her licence is under review to allow him/her the right to respond before any decision is taken following the outcome of the review.
The criteria used to review a licence will include (but are not limited to) any outstanding fees due from the trader, the outcome of any complaints raised by customers, and evidence of customer demand for product lines to be added to or removed from the market. 
In the event that, following a review, the Markets Manager decides not to renew a licence; the Markets Manager will in all cases give the trader 12 weeks notice. The trader has the right to appeal in writing to the Head of Service any decision not to renew their licence and the appeal will be dealt with in accordance with the procedure set out at 11.3 below.
4.1.2

During the term of the licence, a permanent trader (the transferring trader) may request the council to transfer the licence to a third party (the transferee). Such transfer is at the sole discretion of the Markets Manager or Markets Supervisor and the council is not obliged to agree to transfer the licence to the transferee. In the event that a transfer is refused, there is a right of appeal under 11.3 below. The Markets Manager or Markets Supervisor will in all cases satisfy themselves as to the suitability of the transferee to become a trader and will require the transferee to complete a trader application form and provide a satisfactory reference from a previous market where they have traded, or from a previous employer or equivalent, before allowing the transferee to trade under that licence.


4.1.3

Upon the death of a trader, the council will permit a husband, wife, civil partner, child, brother or sister who traded regularly with the deceased to take over the licence.


4.1.4

Whilst the council will undertake the administration of the licence transfer, the transferring trader will be responsible for managing the handover of their business to the transferee in a smooth and timely fashion. The council shall charge a reasonable administration fee to cover their costs arising from the administration of the licence (see Appendix 2).


4.2 Product lines and product line extensions
4.2.1

Traders may only sell the product line set out in the licence.



4.2.2

The Markets Manager or Markets Supervisor will allocate product lines to vacant stalls that it considers best for the market. The Markets Manager or Markets Supervisor may accept product lines that compete with existing traders. The Markets Manager or Markets Supervisor reserve the right to decline any application if he/she considers any particular trade or line will be over-represented on the market or if in the opinion of the Markets Manager or Markets Supervisor the stall or product is not of a standard that reflects the aspirations of the market.


4.2.3

Traders may only extend or change product lines with the agreement of the Markets Manager or Markets Supervisor (which shall not be unreasonably withheld).


4.2.4

The Markets Manager or Markets Supervisor undertake to respond in writing to requests by traders to change product lines within four weeks of receiving such written request. No new product line extensions will become effective until a revised licence has been signed by the trader and returned to the council. Licences not signed within seven days of issue will be withdrawn.


4.3 Applications for stalls and new stall allocations
4.3.1

Markets are primarily a concourse for buyers and sellers, not a forum for promotion of views, petitions or similar activities.


All applications for a permanent licence including those from existing traders who want an extra or alternative stall must be submitted in writing on the appropriate form. The council may impose a reasonable administration charge to cover the costs involved in processing such applications (see Appendix 2). New traders (other than casual traders) will be licensed as an interim trader.
4.3.2

The Markets Manager or Markets Supervisor will consider all applications for vacant stalls against criteria including (but not limited to):




  • the need for the particular trade stated on the application and for preserving a proper balance of product lines;




  • the conduct of the trader (if applicable), including any failure to comply with these regulations or any legislation, or byelaws relating to the markets;




  • evidence of demand from shoppers for the continuation of the trade or product line concerned; and




  • the quality of the product line being offered and its presentation.



4.3.3

Applications for new stalls or extensions to existing stalls will be subject to an appropriate current fee (see Appendix 2). Applications will not be considered for existing traders if they are in arrears with their stall payments.


4.3.4

All unsuccessful applicants for stalls or product line extensions will be advised in writing with reasons why their application has been unsuccessful.



5. Payment and fees
5.1 Payment and charging of stall fees
5.1.1

Stall fees and other charges are determined by the council, and will be notified to traders in writing once approved by the council. Current charges are set out in Appendix 2 below.


5.1.2

The council reserves the right to revise the basis of charging. In such circumstances the council will consider representations from the traders.


5.1.3

Stall fees will normally be reviewed annually, but the council at its sole discretion may do so at different intervals.


5.1.4

Permanent traders shall pay only by monthly direct debit, which will be collected on the 25th of each month or the next banking day. Casual traders may pay by cash. Traders paying by direct debit will receive a discount of 15 pence per linear foot, and will be charged for 50 (fifty) weeks a calendar year. The council will not accept payment by credit card or debit card.


5.1.5

Stall fees paid in cash will be collected by the Markets Manager or Markets Supervisor on the day of the market. In the event that a trader does not pay, they will not be allowed to trade on the market until the outstanding fee is paid, and may be subject to the disciplinary procedures detailed in Clause 11. The council will apply a charge for collecting unpaid stall fees, and such charge will be paid for each and every instance of non-payment.


5.1.6

All permanent traders must pay their stall fees irrespective of whether they attend the market. No credits will be given for non-attendance, except where the non-attendance occurs as part of the agreed markets credit schemes as set out in paragraph 5.2.1, or in the event of exceptional circumstances which prevent a trader from attending.


5.1.7

Notwithstanding Clause 11, failure to pay stall fees for eight consecutive market days shall result in the revocation of the trader’s licence. There shall be no right to appeal in respect of revocation for non-payment of stall fees.


5.2 Markets credit scheme and absences
5.2.1

Permanent traders paying by direct debit and who have been trading on the markets for at least 12 months as a permanent trader, and who meet the conditions below, will be entitled to take up four weeks planned absence from the Market (Wednesdays and Fridays or Saturdays). If a trader does not wish to take advantage of this benefit and continues to attend the market, they will be charged for the full 50 weeks.


5.2.2

All permanent traders wishing to take advantage of their four weeks planned absence must provide the Markets Manager with at least two weeks written notice where practical of the dates they intend to be absent. This is required to allow the council sufficient time to plan for filling the space vacated by the permanent trader. During the time the trader is absent, the council may reallocate their pitch(es) to another trader.


5.2.3

For all other absences traders must advise the Markets Manager or Markets Supervisor as soon as is reasonably possible in advance of the trading day and no later than 07.30 on the trading day in question. The council will provide all traders with a contact telephone number for them to ring the Markets Manager or Markets Supervisor and notify them. The council reserves the right to reallocate the pitch for that day to another trader. No ‘like for like’ product line will be allocated in place of the absent trader. Failure to attend without formally notifying the Markets Manager, other than under exceptional circumstances, and after four unnotified absences will be considered a disciplinary offence.



6. Insurance and liability
6.1 Insurance
6.1.1
Traders must provide evidence that they hold third party public liability insurance at the minimum level required by the council as notified to traders in writing from time to time by displaying their current policy of insurance or National Market Trader Federation (NMTF) membership on their Stall (NMTF members are insured for £5 million Third Party (Public) and Products Liability Insurance and £10m Employers Liability Insurance). The minimum requirement by the council is currently £5 million.
6.1.2

Where appropriate, traders who are responsible for employees must hold Employer’s Liability Insurance. Under the Employer’s Liability (Compulsory Insurance) Act 1969, all employers are required to have a minimum level of cover of £5 million. It is the responsibility of the trader to know and understand their legal liabilities under this Act, and in respect of all and any legislation regarding the employment of staff.


6.1.3

Traders not displaying evidence of insurance or, if they are members of the NMTF membership, their membership number, will not be permitted to trade. No rebate of the stall fee will be given in these circumstances.


6.1.4

Traders must notify the Markets Manager or Markets Supervisor of any changes in insurance and provide copies on request and on renewal.


6.2 Indemnity and cost of damage
6.2.1

Traders shall indemnify the council against all demands, claims, losses, costs and expenses made against or incurred by the council (including all direct, indirect and consequential loss in relation to but not limited to personal injury, property damage and/or loss or damage to third parties), or damage suffered by the council caused by or arising from the negligence of the trader in connection with the market or arising under or in connection with any facilities provided to the trader under the licence.




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