Market Regulations

1.

Market Hours

The days and the hours of trading at the markets will be determined by the  Council, notified to traders and where practical, displayed at the individual  Market Offices.

Trading shall not take place before or after these times and stalls on the  Market Ground shall be vacated within 2 hours  of the official closing time.

2.

Trading Conditions

Traders must comply with all current National and Local Legislation.

Traders who have an allocated "Regular" trading position on a particular  market and particular market day must claim that position no later than the times specified for individual sites.

Failure to do so may result in the temporary allocation of the trading position  to a "Casual" trader with no abatement of any charges due from the "Regular" user.

3.

Unavoidable Delay

In the event of unavoidable delay through illness, vehicle breakdown or other reasonable cause, Market Officers may reserve particular trading  positions, at their discretion, provided that contact is made with the  particular Market Office prior to letting time for that particular market. In the  event of difficulty contact 0161 342 3268.

If a trading position is reserved as in 3.1 above, and the trader fails to  attend, the Council reserves the right to hold that trader liable for the  payment of a "Casual" fee in addition to his/her "Regular" charge.

4.

Holidays

"Regular" traders with a minimum of twelve months "Regular"  service to a  particular Tameside Council market will be allowed 4 "weeks" charge free  in the next qualifying period [April 1st. - March 31st.], during which they may  either continue to trade or take leave.

If taking leave, this must be pre-arranged by notice in writing to the appropriate Market Office. All leave must be taken by 31st. March each year.

Leave may not be carried over into the succeeding year.

A "week" will comprise of a particular trader's usual "Regular" trading day  or days on a particular Tameside Council Market.

"Casual"  traders with a minimum of 12 months continuous registration may nominate 2 "weeks" in any one financial year where they may be absent  by prior written notification. A "casual point" will still be awarded for each of these two "weeks".

5.

Sickness

Where a "Regular" trader is absent through illness and a bona fide Medical  Certificate is provided, the Council may grant a maximum of 2 weeks free of  Market Charges in any 12 month period.

Long Term Illness is defined as a period of over 4 weeks. In situations where  long term absence of a trader is necessitated through illness and where appropriate certification is provided, the  Council will consider each case in  the light of individual circumstances.

"Casual" traders will not be penalised by the loss of an attendance  point.

6.

Stallage / Market Charges

Charges are payable on demand on the market day.

The onus to pay the charges due rests with the traders. Where a "Regular"  trader attends but fails to pay on demand, the trader will be considered to  be in arrears and recovery action will be taken against the trader for the arrears, together with all costs incurred in such recovery. In addition to the  said arrears, interest will accrue on the outstanding balance, which will be  calculated at 2% above the prevailing base rate of the Co-operative Bank  plc.

Failure to pay charges when due will result in the privilege of trading on any  Tameside Council market being withdrawn.

Traders shall  use only the stall or ground paid for.

Traders shall not withhold payment of charges for any reason.

An official receipt will be given for charges paid. The receipt must be retained for the duration of the days trade and made available for inspection on demand by the Markets Business Development Manager or any authorised official acting for the Council.

The Council reserve the right to review charges as they see appropriate.

7.

Allocation of Stalls - "Casual" Traders

Registration

A casual trader attending a market must, in the first instance, report to the Market Official no later than the appointed time for that particular market.

Public Liability Insurance

The trader must provide proof of holding current Public Liability Insurance  before he/she will be permitted to complete a "casual" registration form.

(Registration does not guarantee that a stall or pitch will be available.)

Registered stallholders shall maintain a policy of Third Party Public Liability  Insurance to a minimum of five million pounds and produce such  certificates of insurance on demand to the Markets Business Development  Manager or any duly authorised Officer of the Council.

Registered stallholders trading from the Council's markets shall indemnify against all costs, claim and convictions arising as a result of the operation of  the market.

"Casual" List

On completion of a registration form, the Market Official will  enter the  trader's name, description of goods and date of registration  on the "casual" traders' list for that day.

The list will be open to inspection by traders upon request.

Record of Attendance

Each day that a trader attends a particular market and whether or not a  trading position is allocated for the day, the trader will be credited with an  attendance point.

Traders who do not attend or report their presence to the Market Official will  not receive an attendance point and upon a third successive, consecutive  absence, will be removed from the "casual" list, forfeiting all accumulated  points.

Allocations

Stalls will be allocated on a daily basis by the Market Official. Any trader  found to be using a stall or pitch without prior authority may be requested to  leave the market and may have their accrued attendance points reduced.

Basis of Allocation

Allocations shall be made on the basis of seniority of the trader on that day's "casual" list and take into consideration the type of goods the trader may sell without detriment to adjacent trader's businesses.

Selective Allocation

Markets' Management retain the discretion to introduce a novel or under- represented commodity, irrespective of  "casual" list seniority, if it is considered to be in the best interests of the market.

Refusal of an Allocation

Where a trader refuses to accept the trading location offered, he/she will  be requested to leave the market and considered "absent" on that day, receiving no attendance point.

The Council reserves the right not to allocate a trading position even if it is  vacant.

No Saturday Only Trading

No "casual" trader shall be allowed to attend a Saturday market unless he/she attends at least one day in the week on any of the Council's  weekday markets.

Exceptions may be made where the traders' commodities are considered  novel or in the best interests of the market.

Pitches

Traders who are able to provide their own stall equipment which meets the  standards of safety and appearance required by the Council, may be allowed to erect and trade from such equipment on a pitch, when appropriate space is available.  Use of a pitch does not confer  "regular"  status and pitches are always allocated on a "casual" basis. There is no guarantee of which pitch, if any, a trader may be granted use on any given site or day. The Council's decision about areas allowed for pitches stall equipment and traders who may occupy them will be final.

8.

Allocation of "Regular" Stalls

Stall available for "Regular" letting will be advertised for a period of 3 Weeks at the particular market, by means of a notice listing stall numbers and days.

Traders wishing to apply for transfer of trading positions must obtain the relevant form from the Market Office, complete and return it by the date specified on the notice.

Applications received after the closing date will not be accepted.

Should a reserve stall become available for licensing, the Markets Business Development Manager or duly authorised person shall first consider applications from existing Registered "Regular" Stallholders on a seniority basis and shall then allocate the remaining stalls to those Registered "Casual" Stallholders appearing on the "casual" list.

In allocating stalls in accordance with 8.2 above, The Markets Business Development Manager shall consider the type of trade and shall, in his absolute discretion, determine whether it is in the best interests of the market  to disregard the effects of seniority.

A stall allocated to a Registered "Regular" Stallholder who does not attend  the market for three weeks in succession will be considered vacant, unless the Registered "Regular" Stallholder has given a reason  which is acceptable to the Markets Business Development Manager, in his absolute discretion. Documentary proof (e.g. Medical Certificate) may be required  as proof of reason for absence.

Consultation. Markets' Management will, where practical, advise market traders' representatives prior to notifying the individual trader of the allocation or transfer of a regular trading position.

9.

Transfer of Trading Position / Assignment of Trading Privilege

No trader shall assign, transfer, sublet or otherwise dispose of their interest in any trading position on the Council's Markets, without express approval of the Council.

"Regular" traders who have given at least 5 years of continuous service to a  particular Tameside Council market, may  register and apply for  Council  permission to nominate a successor to their market business interests, on those stalls for which they have held "regular" status for  the said 5 years, on payment of a  registration fee, to be set by the Council from time to time.

Such nominees must be acceptable to the Council and fulfil specified criteria as determined by the  Markets' Management which includes providing satisfactory personal and financial references and conform to the commodity requirements for the particular trading position.

Where such transfer can be granted, the outgoing trader will be required to  pay to the Council an administration charge [one-off payment] of £150.00  per  day or such an amount as the Council may determine from time to time.  Change of commodities on transfer will only considered in exceptional circumstance (e.g. bereavement,  25 years or more service).

These charges must be paid before a new trader will be permitted to commence trading.

Trading privileges acquired by assignment may not be re-assigned  for 2 years from the date of their acquisition.  

10.

Goods To Be Sold / Changes In Listed Goods

A trader shall sell or expose only those goods authorised by Markets'  Management upon his/her registration document.

Any request for additions or changes in the type of goods must be submitted in writing to the Markets Business Development Manager for consideration.

The manager's decision will be final.

No trader shall store, display or sell on any market ground any explosive materials, fireworks, hazardous liquids, bulk gases or any substance which might be a source of danger to anyone attending the market

11.

Conditions Related to Use of Stalls

Damage

Traders or their agents /employees must not alter, extend or erect signage on the stalls they use, which are the property of the Council, without express  permission of the Council.

In the event of damage arising during use by the trader, the cost of  repairing such damage shall be recoverable from the trader by the Council  and in default in any such payment, shall be recoverable by legal action  against the trader.

Lighting

Traders are not permitted to light the stalls other than by the fixed electrical  lighting provided by the Council.

Fire

Traders are responsible for ensuring that they conduct their businesses in  such a manner as to minimise the risk of fire.

Registered Stallholders must not install any heating apparatus of any kind and the use of generators is strictly forbidden without the prior consent of  the Markets Business Development Manager.

Obstruction

No goods shall be placed on the floor of the market or on or about the stall,  so as to obstruct the free passage or viewing of goods by persons using the  market.

Frontage build-outs must not exceed the marked boundaries, where provided.

Approved build-outs may not be set up before "casual" letting has been completed.

Side displays  and  sheeting must not unreasonably obstruct facilities of sight  line to immediately adjacent traders' displays. Transparent sheeting should  be used where necessary.

Extension bars should not be fitted to stalls until after "casual" letting is complete in the morning and should be removed half and hour before vehicles are re-admitted to the market ground in the evening.

Refuse Disposal / Cleanliness of Stall Area

All refuse and food wastes shall be deposited by traders/agents/employees,  in the containers provided for the purpose. Particular attention should be given to plastic bags, wrapping and other "flimsies" which tend to blow about the town centres when not properly deposited in bins. Cardboard and boxes, too large to fit in the bins provided must be left on top of the stall in a single box or stack. Coat Hangers must not be left loose on the ground, they must collected together and placed into the bins or a box

All traders are responsible for maintaining, free from refuse and in a clean condition, the stall fittings and area immediately adjacent and underneath the stall. This regulation must be strictly adhered to and failure  to do so may result in the loss of trading privileges.

12.

Traffic on Market Premises

All vehicles on leaving the market must use only the approved entrances /  exits.

No vehicle shall exceed 5 mph on market grounds / premises.

Vehicles must park at all times in such a manner as not to obstruct traffic and, if required, must park in accordance with the directions of Markets Officials.

All traders' vehicles are to be removed from the Market Grounds in the mornings and return in the evenings, in accordance with the time schedules  for each individual market site.

13.

Employment of Children and Young Persons

All market traders must comply with the Children and Young Persons Act  1933 & 1963, the Education Acts 1944-48 and the Employment of Children  Act 1973.

Definition - A "child" is any person not over compulsory school age.

Definition - "Employed" is extended to include any child who assists in a trade or occupation even where the child receives no monetary reward.  

14.

Conduct of Traders

Market  traders, their agents and/or employees paid or unpaid, are required  to conduct themselves, whilst attending the markets, in an orderly manner  and not use their trading positions so as to cause annoyance,  Inconvenience or concern to any other users of the market and/or market  management, departmental management or Council Members.

No registered traders may do anything on the stall and/or on the market ground which will contravene any statute, regulations or bye-laws relating  to the market which may from time to time be in force.

Traders and all other attending the markets are expected to observe, respect and carry out the reasonable instructions and directions of the Markets Officials, Tameside Specials or any other authorised Officer of the Council.

Traders should not encourage their customers to utilise public or other toilet  facilities as clothing changing rooms.

Any observed breach of Market  Rules or Regulations will result in a warning  letter being issued to the trader. This letter will remain on file for a period of  52 weeks.

In the event of a second breach of the Rules or Regulations within a 52  week period, the trader will be suspended from trading on the market for a  period of not less than 1 week and not more than 3 weeks.

Should a trader offend on a third occasion within the 52 week period of the  original warning letter, the trader will have his/her registration cancelled and not be permitted to trade on any of the Council's markets in the future,  or for such period as the Council may determine.

If, in the opinion of the Council's Markets Business Development Manager, a  market trader has caused, permitted or has become culpably involved in a serious breach of good order or has been convicted of a serious criminal offence, the trader will be suspended immediately from attending the market.

The Council may then terminate the trader's licence(s) or may extend the suspension or end the suspension.

Charges will be levied during any period of suspension, at the same rate as  if the trader had attended the markets, whether their  reserved stall is temporarily reallocated or not.  

15.

General Matters

No traders shall engage in "pitching" i.e. calling out their wares or demonstrating their goods except in places within the market area which  may be designated by the Markets Business Development Manager.

No individual trader, registered in his/her own right on any Tameside Council  market, will be permitted  to operate  on any Tameside market  on behalf  of another individually registered trader, except where there is a prior written acknowledgment by Markets Management or in the case of a  prior  and proven partnership.

No food for human consumption other than greengrocery, fruit, vegetables,  or eggs may be sold on a general market from an open market stall unless it  is totally enclosed in wrapping or other container, so as to exclude any form  of contamination.

Perishable food must be protected from adverse weather conditions.

The sale of live animals, fish, birds and other fowl shall not be permitted.

Acupuncture, ear and body piercing, tattooing or electrolysis will not be permitted on any Council market ground.  

16.

Farmers and Producers Market

All non-food goods sold at the market must be grown/made/crafted within a 30 mile radius of Tameside.

Taking account of the high urban density of the Greater Manchester area  surrounding Tameside, all food and drink sold must be produced within a 50  mile radius of Tameside. Food which is not produced within a 50 mile radius  of Tameside [e.g. Sea Fish] may be sold by agreement with markets management.

All products sold must be grown, reared, caught, brewed, baked, smoked,  processed, made or crafted by the Stallholder. Ingredients of made food  products should, as far as possible, be grown, raised or caught by the producer of the finished article. (E.g. Sausages should contain meat raised  by the producer/farmer and not simply be made by them from bought-in  ingredients.) The producer or their direct representative must attend the stall  throughout the trading period. In the case of original works of art, the artist  must attend the stall.

Producers and their direct representatives must be in a position to inform customers of the production methods and other relevant information relating to the goods which they are offering for sale.

Farmers and producers must be able to  substantiate claims of GM free  production, organic production methods, etc. on demand by market officers and members of the shopping public. Craft item producers claiming  sustainable raw material production methods must, similarly, be able to validate their claim with documentary evidence.

Farmers and producers selling food must be registered with either Tameside  MBC Environmental Health Service Unit or the Environmental Health Department of their "home" authority. Up-to-date inspection certificates must be available for inspection.

All food must be transported, displayed and handled in accordance with  Food Safety (General Food Hygiene) Regulations 1995 and Food Safety  (Temperature Control) Regulations 1995 and any subsequent legislation.

Copies of all relevant certificates should be lodged with the market office for record purposes.

Farmers & Producers markets in Tameside, will be deemed to be "made markets" and such regulations, contained in the Borough's market handbook, as apply to general "made markets" shall apply to the Farmers  & Producers markets.

17.

Dispute Procedure

All traders are advised to comply with the lawful requests of Markets Officials and should, if aggrieved, record in a proper manner, their grievance in writing with the on site Market Official.

Any failure to resolve a dispute should be taken up with the Markets Business  Development Manager when the aggrieved person and his/her representative will be given an opportunity to discuss the issue.

No approach should be made to any Senior Officer of the Council until these procedures have been  fulfilled.

In the event that any grievance relating to these regulations cannot be resolved between the Stallholder and the Market Business Development Manager, the Stallholder may put their grievance in writing to the  Head of Economic Assets & Services for his/her adjudication. If after a decision from the  Head of Economic Assets & Services, the Stallholder is still aggrieved,  the matter will be referred to  the appropriate Executive Member, who, in consultation with the Head of Economic Assets & Services will  make a decision which will be final and binding on all parties.