SURREY MARKETS LIMITED CONDITIONS OF TRADE & MARKET REGULATIONS
Issue 2: AUGUST 2013
1 APPLICATION FORM
1.1 All market traders will be required to complete an Application Form
1.2 Consent to trade at the Farmers’ Markets does not entitle the trader to any form of tenancy of the site occupied.
1.3 Pitches are allocated at the time of each market trading. There is no definitive pitch allocation.
1.4 On being granted consent to trade and in compliance with the requirements of Trading Standards, traders will display a sign detailing information of the trader’s name and registration number.
1.5 Where there is a material change to the information supplied on the Application Form the Market Operator must be consulted and an amended form completed.
2. Termination of Consent to Trade
2.1 Consent to trade is solely at the discretion of the Market Operator and shall be terminable by two weeks notice in writing by either party, unless such termination shall be due to unreasonable actions by the Market Trader.
2.2 Traders failing to comply with any direction given by the Market Operator or any Authorised Officer of the Market Operator may be subject to the Disciplinary Procedure as detailed at Clause 10.
3. Public Liability Insurance
Traders shall at all times hold a current Public Liability Insurance policy that provides cover of no less than £5,000,000. Proof of valid insurance is to be provided annually. Traders not able to provide a valid insurance policy will forfeit their right to trade.
4. Payment of Charges
4.1 All market charges shall be paid to the Market Operator or their Authorised Officer. A receipt will be issued when the rent is paid. All cheques must be made payable to Surrey Markets Ltd.
4.2 Traders shall pay the full amount due to The Market Operator whether the pitch is used or not except as otherwise provided for in these conditions.
5. Scale of Charges
5.1 All fees and charges will be reviewed on an annual basis and will normally implement revised charges in April of each year.
5.2 Where possible, the Market Operator will provide Traders with 28 days notice of any / all price changes.
5.3 With the exception of authorised mobiles, all traders’ vehicles must be removed from the trading area by 9.15am and may not return until the end of trading.
Traders are asked to exercise control of noise at all times and respond to instructions from the The Market Operator or their authorised representative.
7. Disciplinary Procedure
7.1 Traders who contravene any of the Regulations of the Market will be issued with a Written Warning except when the regulations state another remedy.
7.2 A second Written Warning within three months of the first will constitute as a Final Written Warning. Thereafter further contravention of Conditions of Trading will result in The Market Operator terminating Consent to Trade forthwith.
7.3 In the event of an incident of Serious Misconduct by a trader Surrey Markets Ltd may suspend that person from trading pending consideration of the case of misconduct.
7.4 Any trader who commits what is considered a serious offence will be liable to immediate exclusion from the market including the removal of goods on display by method to be determined by the The Market Operator.
8. Complaints Procedure
Any trader who is aggrieved by a decision of the Market Operator is entitled to place his/her complaint in writing.
9.1 In the event that any trader, having booked a market, is absent without informing the Market Operator of the reason and expected duration of absence shall be placed on any waiting list for such market as may apply.
10.1 Traders must have their Public Liability Insurance documents available for inspection at all times by the Markets staff. Failure to provide this will result in immediate loss of pitch.
10.2 Traders selling food MUST have their relevant Food Hygiene,
registration and test certificates available for inspection by Surrey Markets Ltd staff or the Environmental Health Officer of whichever Borough the market is held within. Failure to provide this will result in immediate loss of pitch and of fees collected.
11. Market Stalls, Fitments and Fittings
11.1 All sheeting must be well presented; good quality and clean at all times.
11.2 Any/all permitted extensions to stalls will be subject to current charges. In the event that an extension results in obstruction or intrusions, or is unsafe, the Market Operator at their sole discretion may refuse consent.
11.3 Traders are advised that under the Planning Conditions governing town centre markets, certain areas are to be kept free from obstruction so as to provide access for emergency vehicles. The Market Operator will advise accordingly.
12. HEALTH AND SAFETY
12.1 Traders are reminded of their duties under the Health & Safety at Work Act 1974, the main provisions affecting traders being:
Section 2: The general duties of employers to their employees.
Section 3: The general duties of employers and self-employed persons to persons other than employees, e.g. members of the public
Section 4: The general duties of persons concerned with premises to persons other than employees
Section 7: The general duties of employees whilst at work.
12.2 Traders are required to comply with the provisions of the Children and Young Persons Act 1933 and all subsequent amendments, Employment of Children Bylaws (from 1998) and Children (Protection at Work) Regulations 1998.
12.3 In the case of food stalls or mobiles, traders shall be required to comply with Food Safety legislation to the satisfaction of the appropriate Council’s Environmental Health Department.
The following regulations are likely to be of particular relevance to market traders running food businesses:
The Food Safety (General Food Hygiene) Regulations 1995
The Food Safety (Temperature Control) Regulations 1995
The Food Premises (Registration) Regulations 1991
12.4 For further advice concerning food safety matters traders should contact their local Environmental Health Department l who are responsible for the enforcement of Food Safety legislation.
12.5 Traders who operate from mobiles are required to place “A” boards or alternative visual markers across the tow bar to serve as a warning to pedestrians
12.6 It is advised that stall holders should not smoke under the canopy area of any stall. Stall holders should not serve members of the public in any instances whilst smoking cigarettes. This is in direct contravention of the workplace regulations and could also lead to disciplinary procedures.
12.7 Traders should not drink alcohol whilst trading on stalls nor operate their stalls whilst under the influence of alcohol. Failure to comply will lead to disciplinary procedures.
13. SALE OF GOODS
13.1 The line of goods stated on the Application shall not be varied without the written approval of the Market Operator and the re-submission of an amended Application Form.
13.2 The description of goods on the registration form must be comprehensive and unambiguous.
13.3 Surrey Markets Ltd reserves the right to define approved items for sale particularly where it considers the line of goods declared to be ambiguous owing to the use of general or otherwise imprecise description.
14. Prohibited Goods
14.1 No medicines including paracetomol and aspirin, cigarettes, drugs or drug related merchandise can be sold or displayed at any time.
15. Conduct of Business
15.1 Traders shall conduct their business in such a manner as to maintain the good order, discipline and reputation of the market.
Traders must comply with the Sale of Goods Act 1994. Goods must not be misrepresented either visually or verbally and defective goods must be exchanged or a cash refund given.
15.2 Any accidents unresolved disputes, thefts, losses, disorderly conduct or damaged Council property etc must be reported to the Market Operator without delay.
15.3 All traders’ vehicles transporting goods to the Market will be unloaded promptly. No trader shall unreasonably block the access to fellow traders.
16. Electricity Supply
16.1 Traders are advised that all temporary electrical installations at Market stalls / pitches, including those from generators, must comply with the Electricity at Work Regulations 1989. Amongst other requirements, the Regulations place an obligation on users to have their electrical installations/equipment annually inspected by a qualified electrician and to submit a photocopy of his/her Inspection Certificate to the Market Operator.
16.2 Guidance Notes are available from the local Environmental Health Services Department for all stallholders intending to use an electricity supply.
17.1 Traders are permitted to use small portable low noise generators. Guidance Notes are available from the Council’s Environmental Health Services Department relating to permitted noise levels. Traders using generators will be required to submit a photocopy of his/her Inspection Certificate in accordance with 16.1.
17.2 Traders are required to supply and place a metal or plastic drip tray under the generator to prevent stains of stone or brick paving.
18. Parking Arrangements for Traders
18.1 All traders’ vehicles must be parked in a designated area, as advised by the Market Operator.