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Outdoor Market terms and conditions

Document

Rules and Regulations

The Outside Retail Market - Monday, Wednesday, Friday and Saturday

1. Definitions

In these Rules:-

i)    "Regular Stallholder" shall mean any person who has been allocated a specific stall on a specific Market day until further notice by the Market Manager. Such Stalls are hereinafter referred to as "Regular Stalls".

ii)   "Casual Stallholder" shall mean any person, not being a Regular Stallholder, who attends on the day in the hope of being allocated a stall for that day only.  Such stallholders are referred to a "Casual Stalls".

iii)   "Person" shall mean an individual human being and shall not include a Company, a Partnership or any other body, whether incorporated or unincorporated.

iv)   "Manager" shall mean in individual human being to whom a Stallholder wishes the Markets Manager to give permission to stand at his Stall during his absence and to whom the Markets Manager has given such permission in accordance with Rule 5 (i).

v)   "Markets Manager" means the Principal Officer within the Property Services Department who is responsible for the Markets or an Officer duly authorized to act on his behalf.

2. Market days and Times

2.1 The days upon which the Markets are open for business are Monday, Wednesday, Friday and Saturday of each week.

2.2 At the discretion of the Council the Market may open for business on certain additional days during the year, but may be closed on certain public holidays.

2.3 The minimum trading hours that a stallholder should remain fully set up and actively trading is from 9.00 am until 3.45 pm.

2.4 The earliest a stallholder may occupy his stall is 5.30am and the stall must be fully cleared of stock by 6pm at the very latest.

3. Right to Stand

3.1 No person shall trade on the Market or take occupation of any Stall or position thereon without the permission of the Markets Manager.

3.2 Any person wishing to trade on the Market must complete the Preston City Council Outdoor Market enrolment form in full.

3.3 Notwithstanding any reference in these rules to a regular stallholder, any grant by a Council of a Stall on the Markets is on a daily basis only and creates no greater right than a personal right to the Stallholder to occupy the Stall on a particular day.

4. Allocation of Stalls

4.1 Stalls will be allocated by the Markets Manager who will maintain a list of Regular Stallholders and a list of Casual Stallholders.

4.2 A Regular Stallholder or his Manager must occupy his Stall prior to 9.30am and if it is not occupied at that time the Stall may be re-allocated by the Markets Manager.  If this should occur the full daily toll shall be charged both to the Regular Stallholder and to the Casual Stallholder.

4.3 Where a Regular Stallholder or his Manager fails to occupy his Stall on a particular Market day in each of three successive weeks, his Stall may be re-allocated by the Markets Manager.

4.4 i) If a Regular Stallholder notifies the Markets Manager that he will not be

Occupying his Stall on any particular day, the Markets Manager may re-allocate the Stall.  If the notification is received prior to 8.15am the Stallholder will have to pay a retaining fee, but if the notification is received after 8.15am the Stallholder will have to pay the full toll in either case whether or not the Stall is re-allocated.

ii) The aforesaid requirement that a retaining fee or the full toll shall be paid shall not operate in cases in which the absence is due to immediate family bereavement until a period of one week has elapsed following the bereavement.

iii) In the event that a regular Trader is absent from the Market due to illness, then subject to the provision of an appropriate Medical Certificate, the following will apply:-

  • For the four weeks of certified absence the standard retainer fee will apply.
  • For the fifth and subsequent weeks of continuous absence the full toll and retainer will not be charged.

iv) In the event of long term illness the situation regarding the allocation of the Stall to the Stallholder shall be reviewed after 3 months.  Thereafter the situation shall be kept under review as necessary and appropriate. 

The Markets Manager may revoke permission for the Stallholder to trade on the Markets due to illness at any time after 3 months.

4.5 If a Casual Stallholder does not attend the Market on any particular Market day for three consecutive weeks, his name may be deleted from the Casual List for that particular Market day.  If a Stallholder whose name has been so deleted wishes to resume trading on that day he will have to make a fresh application to the Markets Manager.

5. Attendance at Stalls

5.1  i) A Stallholder must stand in person at the Stall except where the Stallholder has a Manager whose name has previously been notified to the Markets Manager and to whom the Markets Manager has given permission to stand at the Stall.  The maximum number of Managers whom the Stallholder may nominate is one in respect of each day on which the Stallholder stands on the Market.  Only the nominated Manager for a particular day may stand at the Stall on that day.

Permission for a Manager to stand at a Stall will be given by the Markets Manager only if he is satisfied that the Manager is genuine and bona fide in that capacity.

ii) Notwithstanding the provisions of Rule 5.1 (i), each Stallholder shall stand in person at Preston Retail Market on no fewer than 32 days in each calendar year.

iii) The notification of the identity of a Manager under the provisions of Rule 5.1(i) shall be valid for a period of six months unless terminated prior to the expiry of that period.

5.2 Where a Stallholder or, as the case may be, their registered Manager, is unable to attend at the Stall through illness which is certified by his Doctor, such Certificate to be produced to the Markets Manager, the Stall may be attended by an employee whose name has been notified to the Markets Manager.

5.3 The right to occupy a Stall is given to a Stallholder personally and a Stallholder is not permitted to Assign, Transfer, Sublet or Part with Possession of a Stall or Part of a Stall to any other person or body.

6. Holidays

Regular Stallholders shall be entitled to two days holiday in a year for each individual Market day they attend (between 1st April and 31st March) without payment of retaining fees.

This is provided they give prior notice of their intended holiday and provided they have been in occupation of the Regular stall for a minimum period of 6 months. For clarification if a stallholders occupies a regular stall on all four Market days, he is entitled to 2 Mondays, 2 Wednesdays, 2 Fridays and 2 Saturdays off without payment of retaining fees.

7. Operation of Stalls

7.1 The name of each Stallholder must be displayed prominently at his Stall.

7.2 Each Stall or pitch includes the provision of two tables within an area measuring 3 metres by 3 metres. No display at a Stall (including name boards) must be of a height of more than ten feet above the ground.

7.3 The Stallholder or Manager must place all their goods upon the Stall or within the area of the Stall space and goods must not be placed so as to obstruct the free passage of persons using the Market, or to prevent reasonable facilities for the viewing of adjoining Stalls by such persons. 

Any frames or additions to Stalls must be with the prior approval of the Markets Manager.  Rails or Bars must not be used to create an extension to any Stall, nor be permitted to protrude beyond the Stall space which has been allocated.  The decision of the Markets Manager shall be final as regards whether the free passage or the views of adjoining Stalls are obstructed.

7.4 i) Servicing of Stalls will only be permitted at the times and from the areas, Roadways and alleyways designated by the Markets Manager.  A period of no longer than 30 minutes will be permitted for the servicing of Stalls.

ii) All vehicles must be removed from the Market site by 9.30am at the latest unless prior permission has been obtained from the Market Manager.

iii) No vehicles shall be permitted to park under the canopy of the Market until 3.30pm, unless prior permission has been obtained from the Markets Manager.

7.5 It is the responsibility of each Stallholder or manager both during and at the end of each Market day to place all rubbish, litter or other waste material which may be on, under or in the vicinity of his Stall in a suitable boxes or containers, which should be securely closed and left for collection by the Council in such area as may be designated for this purpose from time to time by the Council.

7.6 Stallholders and Managers must behave in a civilised and orderly manner towards their customers and other Stallholders and Managers.

7.7 No demonstrating or pitching of any kind is permitted on the Market without prior approval by the Markets Manager. The playing of music on the Market without prior approval by the Markets Manager is not permitted.  If the Stallholder creates any noise following a consent granted under this Clause which in the opinion of the Markets Manager is excessive, then the consent may be withdrawn.

7.8 Stallholders and Managers are only permitted to display and sell the type or category of goods which were specified in the original application for permission to stand on the Market.

The decision as to what goods fall under each category rests with the Market Manager. If a Stallholder wishes to change the type or category of goods which they are permitted to sell, they must make a written request to the Markets Manager who may grant or refuse to grant such permission, his decision to be taken according to the view which he may take as to the best interests of the Market and the most suitable composition of it in terms of the number and type of Stalls.

8. Legal Requirements

8.1 It is the responsibility of each Stallholder and Manager to comply with the provisions of all legislation which applies to the business in which they are engaged.

8.2 Each Stallholder must carry insurance cover in respect of third party public liability risks to a minimum of £5,000,000.  Each Stallholder who employs any person must carry insurance cover in respect of employer's liability risks. 

They must produce evidence of all such cover to the Markets Manager before a Stall is granted to them, at any time on demand by the Markets Manager and in any event at least once during every period of twelve months.  At any time at which a document of this nature is produced to the Markets Manager for the first time, there should also be produced a copy of the document, for retention by the Markets Manager. 

Any change which may be made in a Stallholder's insurance arrangements must be notified immediately to the Markets Manager.

8.3 It is a condition of permission being granted to trade on the Market that each Stallholder indemnifies the Council in respect of any claim, action or proceedings which may be made or brought against the Council as a result of the Stallholder's presence on the Market.

9. Tolls

9.1 Tolls and other fees shall be in accordance with the scale of charges approved from time to time by the Council.

9.2 Tolls in respect of all Stalls are due on demand and will be collected daily from the Stallholders.

9.3 If the Market is cancelled in respect of any day by the Council, a toll will not be payable in respect of that day.

9.4 If the Market is held on any additional days during the year, all tolls will be payable on a daily basis and will be due on demand.

10. Complaint Procedure

Complaints by a Stallholder in respect of any matter affecting the Market must be made in writing to the Markets Manager and must be signed and dated by the complainant. 

The Markets Manager shall investigate and deal with the complaints in such way as he in his absolute discretion shall consider appropriate.

11. Compliance with Rules

11.1 Each Stallholder, their Manager(s), employees and any other person in attendance at a Stall at any time, must observe and carry out the instructions and directions of the Markets Manager and any members of his staff.

11.2 Each Stallholder is responsible for the actions of staff or other individuals working or assisting with the operation of their stall. The Stallholder must ensure that the staff or individuals working or assisting them comply with the Rules of the Market and abide by the directions and instructions issued by the Market Manager.

11.3 In the event of any Stallholder or their Manager failing to comply with any of these rules, or with any instructions or directions given by the Markets Manager or a member of his staff, may be suspended from trading by the Markets Manager. 

If the Stallholder is unable to provide a satisfactory explanation for their or their Manager's non-compliance they are liable to have their permission to trade on the Markets permanently revoked by the Markets Manager. 

There is a Right of Appeal against revocation to the Head of Property. The Appeal must be made in writing and must be lodged with the Head of Property within 7 days of the revocation.

11.4  All grants of a Stall or position on the Market are subject to the condition that the person to whom the grant is made has read and has agreed to abide by these Rules as they apply to the Market and as they may be altered or amended from time to time by the Council.

11.5 As regards interpretation of these Rules the decision of the Markets Manager shall be final.

Reviewed 01/04/2018

Map address for the Outdoor Market

Outdoor Market, Earl Street, Preston, PR1 2JA.

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