Market Licence Regulations September 2014 Index



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In the event that a trader’s licence is suspended rather than terminated and there is no prescribed penalty, the length of suspension will be decided by the Head of Service.
11.2.3

Contravention of the regulations which the Markets Manager or Markets Supervisor considers not serious enough to warrant suspension will be dealt with by a formal written warning. Following the issue of such warning a trader who commits a subsequent breach shall be suspended from trading as specified by the Clause (11.1) or for a period of up to four market days, if the contravention is not covered by this clause.


11.3 Appeals procedure
11.3.1

A trader who has been suspended from the market or whose licence has been terminated, or has been refused permission to transfer their licence to another trader, may appeal in writing to the Head of Service within five working days from, but not including, the day the trader is notified of the decision against which they wish to appeal.


11.3.2

The trader is entitled to request a hearing to make representations to explain why the decision against which they wish to appeal should be overturned. Such request must be made at the time of submitting the written appeal.


11.3.3

The Head of Service will conduct the hearing of the appeal in person within 28 days of receipt of the written appeal.


11.3.4

In considering any appeal the Head of Service will have regard to any relevant documentation and may call to give evidence such person, including the trader in question, as he/she considers appropriate.


11.3.5

Traders attending an appeal will be entitled to bring with them a friend or colleague or, if they are a member of the National Market Traders Federation, a local representative of the NMTF who are allowed to speak on their behalf.


11.3.6

The written decision of the Head of Service will be sent to the trader within 14 days of the hearing to the registered address of the trader, and will include an explanation of the reasons for the decision. There shall be no further appeal from the decision of the Head of Service.



12. Allocation of occasional pitches to casual traders
12.1.1

Casual traders must report to the Markets Manager or Markets Supervisor before 08.00 on the intended day of trading. Failure to do so will mean that the casual trader is placed at the end of the list for that market day’s allocation.


12.1.2

The Markets Manager or Markets Supervisor operate a rota of casual traders (the Allocation List). Interim traders will be given priority above all other casual traders. The order on which casual traders are placed on the allocation list can be altered at any time if this is considered to be in the interests of the market in the opinion of the Markets Manager or Markets Supervisor, whose decision will be final.


12.1.3

Casual traders will not be allocated pitches if the same or similar goods are sold by the absentee regular.


12.1.4

Casual Traders will not be placed next to a permanent trader selling the same or similar goods.


12.1.5

Casual traders may decide to wait for a particular pitch. If the pitch is claimed the casual trader’s name will be placed at the foot of the allocation for that market day.


12.1.6

Casual traders missing three consecutive market days will have their names withdrawn from the Allocation List.


12.1.7

Casual traders may not transfer from one pitch to another without the permission of the Markets Manager or Markets Supervisor.


12.1.8

Casual traders who are allocated pitches on the market must produce, on request, a certificate of current membership of the National Market Traders Federation or a current public liability insurance cover. Failure to do so will mean that they will not be allocated a pitch on the market for that day and their name will be withdrawn from the Allocation List if the casual trader fails to produce a certificate within seven days of such request by the Markets Manager or Markets Supervisor.


12.1.9

Casual traders allocated a pitch in the market will be subject to these Market Licence Regulations a copy of which can be seen at the West Suffolk House, Western Way, Bury St Edmunds, Suffolk IP33 3YU.

Tel: 01284 763233

13. Food stalls
The following should be read in accordance with Clause 9.13
13.1

A first aid box must be provided by the trader and kept on the stall for any cuts and abrasions which must be covered by a blue waterproof dressing.


13.2

All food must be kept at least 18 inches above the ground and protected at all times from the risk of contamination.


13.3

Open or unwrapped food, other than fruit and vegetables, must only be sold from stalls or vehicles which are approved by the council for this purpose.


13.4

Traders selling pre-cooked food including (but not limited to) pies, cakes, pastries, cooked meat, poultry, dairy products (including cheeses), must be covered and must provide adequate refrigeration where applicable. Such produce must only be sold from stalls or vehicles which are approved by the Council for this purpose. Fish must be displayed with an adequate ice or ice water covering to ensure sufficient refrigeration.


13.5

Waste water from sinks, wash hand basins etc must be discharged in street drains as directed by the Markets Manager or Markets Supervisor.


13.6

Stall holders must not smoke behind or in the vicinity of the sales counters.


13.7

Food handlers must wear suitable, clean and where appropriate protective clothing and shall maintain a high degree of personal cleanliness.


13.8

No un-bagged refuse, waste or unfit food is to be allowed to accumulate on or about the stall. It must be bagged securely on a regular basis throughout the day.


13.9

Traders must have hand washing facilities with hot and cold water available on the stall, if they are handling high risk foods. See Appendix 1 for information about high risk foods.


13.10

Traders running a high risk food business must have available for inspection at the stall the appropriate Safer Food Better Business Pack.


13.11

All stallholders must have a national hygiene rating of at least ‘3’ or preferably higher.


13.12

Traders must display a valid food hygiene rating on their stall.



14. Complaints
14.1
Any traders with a problem or complaint with regard to management of the market must first contact the Head of Service at the address below. The matter will be dealt with under the council’s complaints procedure.
Head of Waste Management and Property Services

St Edmundsbury Borough Council

West Suffolk House

Western Way

Bury St Edmunds

IP33 3YS
If the Trader is still not satisfied he or she may refer the matter to the Local Government Ombudsman (LGO).


The LGO can be contacted at:
Web: www.lgo.org.uk


Regulation review dates

19 January 1987 Provisions Market Regulations

1 November 1988 Provisions Market Regulations

1 November 1990 Provisions Market Regulations

1 March 1996 Provisions Market Regulations

September 2013 Market Licence Regulations

September 2014 Market Licence Regulations
Appendix 1
Food hygiene
Some foods are classified as ‘high risk’ foods because they support the growth of bacteria and tend to be moist and high in protein. If bacteria are allowed to multiply in this food they will not be killed before the food is eaten. Foods containing salt, sugar or acid (for example, vinegar) discourage the growth of bacteria.
Please note that the following guidance is not exhaustive. It is the responsibility of the trader to be fully aware of all risks associated with the storage, preparation and cooking of food and to take all reasonable steps to minimise these risks.
Cooked meat and poultry
Cooked meat and products with cooked meat in them such as gravy, soup and stocks, are particularly rich in nutrients. Bacteria thrive on theses nutrients and especially in warm conditions, even a small number of bacteria will multiply to become millions in a short time.
Dairy products and eggs
Products such as mayonnaise, custard and cream often cause food poisoning. This usually happens because they have been kept in warm conditions. Once you have opened the mayonnaise jar you must keep it in the fridge. Some cheeses are also considered to be high risk.
Shellfish
Shellfish may eat food that is contaminated and may also pick up bacteria and viruses from polluted water. Make sure you buy your shellfish – prawns, mussels, oysters, crabs, lobsters and so on – from a reputable source or supplier. There is more risk from eating raw shellfish such as oysters.
Cooked rice
Bacterial spores can be found in dry rice and then the spores become active again when water is added during the cooking process. Some of these bacterial spores can survive the cooking temperature of boiling water. Cooked rice should be eaten immediately or refrigerated; otherwise the bacteria will multiply and produce a toxin which may survive even if the rice is reheated before being eaten.


Appendix 2
Charges


  1. Fee for transfer of licence £25 (see 4.1.3).




  1. Fee for permanent licence £25 (see 4.3.3).




  1. Fee for collection of unpaid stall fees on each occasion £10 (see 5.1.5).




  1. Fee for removal and disposal of waste is variable according to current wage/disposal costs – current costs will be advised by Waste Management (see 11.2.1).

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