Ice Cream Locations 1/4/17 – 31/3/19 continued
APPENDIX B - NEW FOREST
CONDITIONS RELATING TO THE SALE OF ICE CREAM IN THE NEW FOREST 1/4/17 – 31/3/19
1. The trader shall pay to the Forestry Commission in instalments in four equal payments – the first payment due 1stApril 2017, 1st September 2017 , 1stApril 2018, and 1stSeptember 2018 and before exercising his right to sell ice-cream. If payments are not made as required above the concession will be treated as cancelled without any refund of monies, which may have been paid.
2. A permit to sell ice-cream will be issued to the trader in respect of each location subject to payment as above and such permit must be conspicuously displayed on the trade vehicle whenever it is trading on the location. In default of exhibiting the appropriate permit the trader will be required to cease trading and to remove his vehicle from the location.
3.Only ice creams and soft drinks may be sold by the trader at the specified locations.
4.One permit will be issued for each contract location or group of locations, which are as detailed on the tender form. Permits are not transferable and under no circumstances shall they be duplicated or in any way defaced.
5. The trader may trade from a motorised van or trailer unit as may be specifically agreed only.
- Trading is to be from the fixed point on each location or as directed by a Forestry Commission Officer. In no circumstances is the trader to trade from any other points at the location or elsewhere on Crown land within the perimeter of the New Forest with the exception of campsites where the purchaser is permitted to tour each campsite in the group daily.
7. There must be no ringing of bells, blowing of horns or other noise to attract the attention of the public to the presence of the trading vehicle.
8. The trader must provide at least two adequate litter receptacles on or in the immediate vicinity of his trade vehicle. These receptacles must be prominently displayed throughout the period of trading. At the close of each day's trading the trader must ensure that the Forest of all litter waste associated with his trading within a radius of two hundred metres of the trading locations. Used cartons and cases are to be taken away by the trader and not deposited in Forestry Commission litterbins.
9. The trade vehicle shall be removed from the location at the close of each day's trading.
10. The trader will report to the Deputy Surveyor or his staff all instances of unauthorised trading which he may observe on the Forest with, if possible, the name of the offender and the registration number of the vehicle and will attend Court to give evidence in all cases where it is decided to prosecute.
11. The trader shall not assign or sublet his rights under the permit.
12. The trader shall at all times comply with the Forestry Commission Byelaws and any directions given by an officer of the Forestry Commission.
13. The rights hereby granted shall be exercised in such manner as to do as little damage as possible to the property of the Forestry Commission and it shall be the trader's responsibility to make good to the Forestry Commission's satisfaction all such damage as may be done as soon as possible after the occurrence thereof and insofar as such damage cannot be made good the trader shall make compensation to the Forestry Commission for the same.
14. (a) The trader shall at all time hereafter keep the Forestry Commission indemnified against all actions, claims, demands, proceedings, costs and expenses that may be made or brought against or incurred by him by reason of anything done by the trader or persons deriving right from him (them) in the exercise or purported exercise or in any way arising out of the exercise of the rights and duties imposed hereby on him (them).
(b) The trader shall at all times hereafter keep the Forestry Commission and each and every one of his servants or agents indemnified against all actions, claims, demands, proceedings, costs and expenses that may be made or brought against or incurred by him or them as the case may be in respect or arising out of any injury (fatal or otherwise) loss or damage suffered by the trader or those for whom he (they) is (are) responsible or by any person undertaking any work for or on behalf of the trader in connection with any of the rights hereby granted or by the servants or agents of any such person by reason of any act or default on behalf of the Forestry Commission, his servants or agents (other than any malicious or wilful act or default and subject to the Unfair Contract Terms Act 1977 as amended by the Occupiers' Liability Act 1984 and so suffered during or in the course of the exercise or purported exercise of any of the rights hereby granted).
15.It is the duty of the trader to ensure that all sales people selling ice-cream from his trade vehicle are made fully aware of the trading conditions and in particular the permitted locations defined on each permit.
16. It is the duty of the trader to ensure that his trade vehicles and selling arrangements comply with all public health and other legal requirements. The trader should be registered with his/her local authority and be complying with the relevant legislation.
17.Failure to comply with the foregoing conditions by the trader or sales person for whatever reason will render the trader liable to prosecution under the Forestry Commission Byelaws and will result in the immediate cancellation of the permit without any refund of the purchase price or part thereof.
1 | Conditions sale of ice cream| 1/4/2017 –31/3/2019