The council reserves the right to charge any trader the full cost of repair or renewal to any council property related to the markets where, in the reasonable opinion of the council, the trader or anyone working with the trader caused the damage.
7. Conduct 7.1
Traders are responsible for their own conduct and that of anyone working on or in connection with their stall at all times while they are on the market.
A breach of these regulations/terms and conditions by anyone working on or in connection with a trader’s stall will be deemed to be a breach by the trader.
Traders are responsible for complying with all legislation and regulations that apply to the individuals they employ or engage.
Traders and those working with them must not:
7.4.1 – use abusive or foul language or intimidating behaviour;
7.4.2 – be abusive to any official of the council;
7.4.3 – discriminate against anyone on the grounds of age, gender, race, nationality, ethnic origin, sex or sexual orientation, disability, gender-reassignment, religion or belief;
7.4.5 – smoke within the footprint of any stall on the market;
7.4.6 – hawk or carry goods about for sale, except where they have express written permission from the Markets Manager to do so;
7.4.7 – sell animals on the market.
7.4.8 – cause or encourage anything that is considered by the Markets Manager or Markets Supervisor to be a nuisance or annoyance to the public or other traders or occupiers of property in the vicinity of the market;
7.4.9 – make any noise or play music that is considered by the Markets Manager or Markets Supervisor to be a nuisance or inconvenience to other traders, customers or occupiers of property in the vicinity of the market;
7.4.10 – cook on their stall except where this is part of the product line set out in their licence.
Traders’ pets (other than assistance dogs) are not permitted on the stall without the prior written agreement of the Markets Manager or Markets Supervisor.
Payments to council staff (other than stall fees) or the giving of goods to council staff by traders is not permitted under any circumstances. Acceptance of such payment or goods by council staff will be considered gross misconduct and will render them liable to dismissal. Any trader found doing so will be given written notice by the council of immediate suspension from the market and termination of their licence.
In such event the trader will have the right to appeal such notice, but will not be allowed to trade whilst suspended.
The council reserves the right to notify the appropriate authorities if it believes that any trader has attempted to bribe any council official.
8. Market Operation 8.1 Hours of operation and attendance 8.1.1
Traders must not come onto the market before 06.00 and must vacate the market by no later than 18.00. Traders will remove from the market and access areas any vehicle (other than those used for display purposes as part of their pitch), by no later than 09.00 on any market day and no vehicle shall be brought back onto the market or access areas before 16.00 on any market day unless by consent of the Markets Manager or Markets Supervisor. Any vehicle remaining on the market area during the above hours shall not be moved unless ordered to be removed by a police officer or the Markets Manager or Markets Supervisor.
All traders must ensure that their stall is suitably staffed throughout the market hours of operation and is open for trade.
It is the responsibility of traders to notify the Markets Manager or Markets Supervisor of any delay in attending the market (for example, because of illness, vehicle breakdown or other reasonable cause beyond the trader’s control). In the absence of doing so, traders who fail to attend their stall by 08.00 may not be permitted to trade on that market day. No refund of stall fees will be paid in these circumstances. The council may reallocate the stall to another trader in such circumstances.
With the exception of reasonable cause for non-attendance and the terms of the market credits scheme, as stipulated in Clause 5.1.6, a permanent trader must attend all markets they are licensed to attend, for a minimum of 48 weeks of the calendar year.
The Markets Manager shall have the right to close the market at their absolute discretion if they consider this to be necessary on the grounds of public safety. Furthermore, the Markets Manager or Markets Supervisor may close or alter the layout of the market or close and stop the sale of goods from any pitch at any time, without being liable for any loss sustained by the trader, directly or indirectly, if it is considered by the Markets Manager to be in the interest of the market or the public to do so.
8.3 Works affecting the market Whenever possible, traders will be given prior notice of maintenance and other work on and around the market which could affect their trading activities. The council will not be liable for any direct or consequential loss arising from work affecting the market.
9. Health and Safety 9.1 General health and safety 9.1.1
All traders must comply with all requirements of the Health and Safety at Work Act 1974 and with directions issued from time to time by the council with a view to maintaining or improving the health and safety environment within the perimeter of the stall and in the market in general.
9.2 Vehicle movements 9.2.1
Traders are responsible for health and safety in respect of vehicular movement. Traders must ensure that any vehicle they bring on to the market is taxed and insured for business use.
Traders must drive carefully in the market and with regard to pedestrians and ensure that they observe a maximum vehicle speed of five miles per hour when on or in the vicinity of the markets and that vehicles display hazard warning lights. When reversing a vehicle traders should enlist the help of another person to help direct the vehicle and protect pedestrians.
9.3 Obstruction loading/unloading 9.3.1
When loading/unloading their vehicles, all traders shall cause as little obstruction and inconvenience as possible to the public, other traders or the council’s employees and contractors.
In particular, traders must comply with such requirements to ensure emergency access as the Markets Manager deems necessary, including a standing requirement to park vehicles parallel to the emergency access so as not to compromise access.
9.4 Risk assessment 9.4.1
All trade stands are required to submit a suitable and sufficient risk assessment (templates are available from the Markets Supervisor) which should include the set-up, operation and breakdown of their site. The Markets Manager or Markets Supervisor reserves the right to refuse trading if the risk assessment is not submitted or if in the opinion of the Markets Manager or Markets Supervisor the risk assessment is not suitable and sufficient for purpose. Risk assessment templates and advice in completing them will be made available.
9.5 Fire 9.5.1
Exhibitors must provide fire extinguisher(s) suitable for the activities that they are undertaking (also see LPG). If electrical equipment is on the stand then a CO² extinguisher should be available. Fire extinguishers must be located within the stand be easily accessible and maintained in accordance with The Occupational Safety and Hazard Administration (OSHA).
The fire extinguisher must display an inspection label to show it has been inspected within the last 12 months.
Traders must provide a fire risk assessment for their stand and ensure that their staff/volunteers are aware of what to do in the event of a fire in the Fire Evacuation Procedure.
The trader shall avoid any action which would contribute to a fire risk, including overloading electrical supplies and inappropriate storage of combustible materials.
9.6 Liquid Petroleum Gas (LPG) 9.6.1
All traders using liquid petroleum gas (LPG) must conform to LPG Code of Practice 24 and have the current annual Gas Safety Inspection certificate on site.
All traders using LPG must provide a suitable, serviceable fire extinguisher which must be located near the appliance (also see Fire).
Suitable hazard signage must be displayed so as to comply with the Health and Safety (Safety Signs and Signals) Regulations 1996.
9.7 Electricity 9.7.1
Electricity is available on site by prior arrangement and should be booked direct with the Markets Manager or Markets Supervisor. The electricity supply is only to be used for appropriate lighting, scales and tills and other uses which are reasonable, in the opinion of the Markets Manager or Markets Supervisor.
Traders may only use electrical equipment that is in good condition, weatherproof and suitable for outside use. All electrical equipment must have a valid up to date Portable Appliance Test (PAT) certificate which must be available to the Markets Manager or Markets Supervisor upon request.
Traders are responsible for ensuring the electrical equipment used is inspected as laid down below.
A) By a competent person, which can be the stall holder:
before use inspection – no written record required;
six-month equipment formal inspection – as laid out in the Code of Practice for In-service Inspection and Testing of Electrical Equipment (4th Edition), written record required.
B) By a qualified PAT person:
12 month formal inspection and test – as laid out in the Code of Practice for In-service Inspection and Testing of Electrical Equipment (4th Edition), written record required.
Connections to the electricity supply must be made by a suitably competent person (using robust, moisture and tamper proof connections which are suitable for outside use). Suitable and sufficient earth-leakage protection must be installed and maintained as part of the fixed wiring installation.
Traders are required to provide cable mats (at their own expense), to ensure that trailing cables do not present trip hazards or any other hazard and are suitably protected.
Where safe and practical to do so and without interfering with other traders’ ability to trade, traders must allow other traders to plug in to the power supply cables used by their stalls.
Under no circumstances is electricity to be used for heating purposes.
Silent running diesel generator only will be permitted on the market, with the prior written agreement and subject to such conditions as the Markets Manager may require.
Generators must be located so as not to be accessible to members of the public or other unauthorised persons.
No refuelling or storage of fuel is allowed on the markets.
If the Markets Manager or Markets Supervisor considers that a generator is too noisy, they may require that the generator be switched off immediately.
9.9 Temporary structures (stalls) 9.9.1
Any temporary structure erected as part of the market must be suitable for the purpose intended, of good condition and erected by competent persons.
Stalls will need to be suitably secured to prevent the risk of overturn or collapse; any fabric will need to be fire protected and meet The Furniture and Furnishings (Fire) (Safety) Regulations 1988.
9.10 Stalls 9.10.1
Traders must not place or cause any goods to be placed on any stall or space such that they encroach or extend beyond the boundaries of the stall unless they have the permission of the Markets Manager or Markets Supervisor. Consideration must be given at all times to ease of access for all users of the market. Any trader breaching this clause will be liable to suspension from the market.
Traders may only use A-boards if the boards are wholly contained within the boundary of the stall and subject to any requirements of the Markets Manager or Markets Supervisor.
Traders must not leave any goods, articles or equipment on the market outside market hours without the prior written consent of the Markets Manager or Markets Supervisor. Any trader’s property left on the market outside market hours is at the individual trader’s own risk.
9.11 Identity 9.11.1
The council, will allocate a unique licence number to each trader. Traders must display this licence number in a prominent and visible location on their stall, using a legible, well presented sign of a minimum size of 240mm x 300mm. This sign must also show their National Market Trader Federation membership number (if applicable). All traders selling prepared food will also be required to display a sticker showing the rating awarded to them under the Food Standards Agency national food hygiene rating scheme.
Guidance will be issued separately to traders on to the size of typeface that is to be used on the sign, and what is acceptable regarding the positioning of the sign.
This sign must remain in position throughout the trading day. The Markets Manager and Markets Supervisor reserve the right to instruct traders to reposition the sign to a more visible position.
Traders will not be allowed to trade in the market without displaying a sign that meets the council’s requirements. Failure to display such a sign may render the trader liable to suspension for up to four market days. The Markets Manager will first issue a written notice of breach in accordance with Clause 11.1. The council will provide a display board to casual traders which must be returned at the end of the trading day. The council may at its discretion require a deposit of £10 to ensure the safe return of the board.
The council has a statutory responsibility under the National Fraud Initiative to provide detailed information about the traders licensed to trade in the markets. All traders must therefore register their current permanent address, dates of birth, National Insurance numbers and contact telephone number with the Markets Manager or Markets Supervisor, who must be notified of any changes. Two forms of documentary proof of identity and address must be supplied. Traders are required to update the Markets Manager or Markets Supervisor of changes in their details as they occur.
Traders who fail to provide this information will not be permitted to attend the market until this is rectified.
9.12 Litter and waste Traders have a legal duty of care to maintain the health and safety of their employees, other traders and visitors to their stall. It is also the sole responsibility of traders to ensure the safe management of waste in and around their stall, which if not handled properly can cause surfaces to become hazardous for slips, trips and falls.
Council employees are not authorised to enter a trader’s stall to collect waste, and it is solely the trader’s responsibility to prepare all waste for collection by the council using the appropriate wheelie bins allocated by the council. Traders are required to comply with the recognised cleansing standards, which has been adopted by the council.
The council will carry out the regular cleansing of the market areas as necessary to maintain their effective operation.
Traders must ensure that their stall and any adjoining passages, whether used by them or in conjunction with other traders, are properly swept from time to time and shall ensure that litter is not allowed to accumulate.
At the end of the market day, and at regular intervals throughout it, traders must ensure their stall and surrounding area is cleaned and clear of all refuse and waste, and the surfaces around their pitch left safe and without hazard to others.
Traders must remove waste from their stall and the council will provide and maintain adequate, hygienic and efficient refuse disposal facilities on the market at all times subject to breakdowns and other matters beyond its immediate control.
Traders must use these facilities for the disposal of waste only produced whilst attending the market. 9.12.5
Traders who produce food waste must dispose of it in the correct food waste receptacle as directed by the council.
Traders must flatten any cardboard waste they produce and dispose of it in the correct recycling cardboard container.
Traders must not put their trade waste in public litter bins and must only use the bags/container given to them by the Markets Manager or Markets Supervisor.
Traders providing containers for food or drink consumption on the market place shall make such additional arrangements for litter as the Markets Manager or Markets Supervisor shall deem necessary.
Traders must comply with any new initiatives introduced to improve the recycling of trade waste on the markets as advised in writing by the Markets Manager or Markets Supervisor from time to time.
9.13 Food stalls 9.13.1
All traders operating food stalls shall comply with any legislation relating to their business including (but not limited to) the provisions of the Food Safety and Hygiene (England) Regulations 2013 (or its equivalent) and with Clause 13. Traders must also display their food hygiene rating on the stall.
9.14 Amplified music
Amplified music and/or use of an amplified microphone will only be permitted with the written agreement of the Markets Manager or Market Supervisor and may be subject to conditions of use.
10. Market Shoppers Charter 10.1
All traders attending the market agree to abide by the terms and conditions of any Market Shoppers Charter adopted by the council.
11. Enforcement of regulations 11.1 Contravention of the licence Any trader who contravenes these regulations or any byelaw relating to the market may have their licence suspended or terminated by the council or otherwise be refused permission to use a stall in the market. Ignorance of these regulations and byelaws will not be accepted as a defence.
If a trader does not comply with a suspension then the council reserves the right to terminate the trader’s licence.
With the exception of those contraventions which are expressly identified as carrying immediate suspension or termination, the council will apply the following process in addressing contraventions:
first offence by a trader or any member of their staff – a written notice of breach from the Markets Manager or Markets Supervisor. Traders will be reminded of their obligations and no further action taken;
a repeat of the same offence by a trader or any other member of their staff – a written notice from the Markets Manager or Markets Supervisor giving notice of suspension;
in the event that the trader decides to appeal suspension, the trader will be allowed to continue to trade whilst the appeal is heard.
A trader may appeal in writing against a decision to terminate or suspend their licence to the Head of Service.
11.2 Disciplinary Code of Practice 11.2.1
Having regard to Clause 11.1 which stipulates the process for addressing contraventions, traders will be liable to suspension as set out below.
If they do not dispose of and/or remove trade waste in accordance with Clause 9.12 they will be liable to the following sanctions/penalties:
cleaning of stall (Clause 9.12.2) – suspension from the market for up to four market days;
use of market facilities for the disposal of waste not generated in the market (Clause 9.12.4) – suspension from the Market for up to eight market days;
failure to dispose of waste in the container designated by the Markets Management Team (Clause 9.12.4/5) – suspension from the market for up to four market days;
failure to properly flatten cardboard waste and/or dispose of it in the container designated by the Markets Management Team (Clause 9.12.6) – suspension from the market for up to two market days;
In addition the council will charge the trader the full cost (see Appendix 2) and any reasonable administrative costs arising from the removal and disposal of the waste as required arising out of the breach of Clause 9 – current costs will be advised by the Markets Manager or Market Supervisor. b) Unauthorised movement of vehicle on the market or failure to remove vehicle from the market (Clause 9.2.1) – suspension from the market for up to four market days. c) Exceeding the allocated stall space (Clause 3.2) – suspension from the market for up to four market days.
d) Changing or extending product line(s) (Clause 4.2.1) without prior approval – suspension from the market for up to four market days.
e) Failure to notify the Markets Manager or Markets Supervisor of absence (Clause 5.2.3) – suspension from the Market for up to four market days.
Traders will be liable to immediate suspension and/or termination for breaches of the regulations arising out of their conduct by the Markets Manager which is considered by the council to be gross misconduct. In the event that a licence is terminated, the trader shall not be entitled to compensation from the council. The circumstances of the case will be considered by the Head of Service.
Examples of gross misconduct which will normally justify termination of a licence are outlined below.
Under the influence of alcohol or illegal substances.
Assaulting a member of the public, council staff or another trader.
Verbal abuse, the use of foul or abusive language, harassment, intimidation, discrimination or bullying towards a member of the public, council officers or other trader(s).
Interfering in any way with the business of another trader.
In the reasonable opinion of the Markets Manager or Markets Supervisor, the trader brings the market into disrepute.
Failure to comply with the requirements of consumer protection legislation.
Failure to comply with the requirements of food hygiene regulations.
The trader has been convicted of selling counterfeit products or has received a formal caution, formal warning or such other similar measure from the Trading Standards Service or any other enforcement agency.
The trader has persistently failed to make payment of the licence fee, within the time limit set.
The trader has failed to comply with the health and safety legislation affecting the market sites or any health and safety requirements notified to the trader by the council.
The trader consistently fails to honour a direct debit for the payment of stall fees.
The trader fails to attend the market they are licensed to attend for 10 weeks or more during the course of a calendar year.
The trader persistently infringes the Market Licence Regulations.