Earlestown Market Hand Book
- Earlestown Friday Outdoor Retail Market
- Traders General Information and License Conditions of Use
- Earlestown Saturday Outdoor Flea Market
- National Fraud Initiave
- St Helens Council’s Equality Policy
- Code of Conduct
- Useful Contact Information
This document is to be read in conjunction with the standard license for Earlestown Friday Market which is issued to all traders.
All the above documentation along with this hand book can be found at
1.EARLESTOWN FRIDAYOUTDOOR RETAIL MARKET
All traders operate under the rules and conditions of the Council's Day Licence and the Corporate Complaints Procedure, copies of which are displayed on the markets noticeboard. The rent collection system for the Earlestown Friday Market is by handheld computerised Market Management System. All traders are issued with a receipt on the day.The Council are required under section six of the Audit Commission Act 1998 to participate in the National Fraud Initiative (NFI) datamatching exercise. The Council advises all traders that thedata held by the Authority in respect of trader details will be used for cross-system and cross authority comparison purposes for the prevention and detection of fraud.
2.Traders General Information
2.1Casual
Any trader wishing to trade at Earlestown Friday Market will require the following documentation
Public Liability Insurance, minium of £5 million
Photographic I.D.
Utility Bill (no older than 3 months)
National Insurance number
Casual traders seeking aposition on the Market are obliged to complete the traders registration form, sign and date it prior to trading.
Registered casual traders will be allocated any vacant positions from 08:00 onwards
Traders will only be permitted to sell one commodity per stall. A list of acceptable commodities will be available within the foyer area. The Manager will have absolute discretion regarding the classification of all lines and commodities.
Any casual trader who has attended and traded 4 times within the current financial period will be eligible for a license
If the trader does not become licenced, they will not be permitted to stand on the same stall/pitchfor more than 1 week and will be allocated last if there is a queue, with a market sur charge per visit added to the market rent.
At 09:00am prompt, the market officer will inspect the stalls to determine which stallsare empty and which regular traders have not taken up their stalls and allocate those stalls which are vacant using the following criteria.
- Arrears - Does the trader have existing arrears
- Commodity – The introduction of underrepresented goods will take preference over existing goods and commodities
- Multiple stalls - Where a trader wanting two adjoining or opposite stalls will take preference over a trader wanting one
- Breach of conditions - Has the trader contraveined licence conditions
- Previous Use - Has the trader used the positions previously
The Markets Manager will constantly review the commodities and maintain any commodity thresholds
2.2Earlestown Friday Market Casual Trader Rules
All traders operate under the rules and conditions of the Councils Day licence for the Earlestown Friday retail market as displayed on the markets noticeboard
All casual traders must complete in full the Council’s official application form before being accepted
Casual traders do not qualify for leave entitlement until they become licensed
Casual traders will only be permitted to sell those commodities approved on their application
All casual traders must sign in, in the Market Office before 8.30am giving full details i.e. name, address, commodities.
On becoming a licenced trader, the licence must be signed and returned by the trader to the Market Office before they commence trading.
2.3Licenced Traders
All rent will be payable on the day.
Should a trader not take up their position, the rent payable will roll over to the following Friday and will be collected in full. The Council will reserve the right to let their stall to another trader for that day.
Any trader wishing to terminate their licence must state this in wrighting. Any rent will be due upto the date of termination.
The Markets Manager may grant a day licence to a defined relative of a previous regular trader who has left the market due to ill-health, retirement or death.
Relative to be defined as a parent, brother, sister, spouse, child or grandchild of the trader.
The Market Manager to be provided with all the necessary background evidence to support the application to grant a day licence to a defined relative. The licence to be granted at his absolute discretion and any such application would not give an automatic right to a regular trader to assign or nominate their position.
Any licence granted to a spouse or defined relative will be on a like for like basis.
All regular traders are entitled to four weeks leave on the Friday Market between the 1st April and 31st March in any one year on application to the Council Officer 48 hrs prior to any leave. Any trader allocated a regular position during any part of the leave year will receive a pro rata leave entitlement as determined by the Council. Application may be by verbal means i.e a phone call or converstaion.
In special circumstances, e.g., religious festivals, long term sickness, the three weeks absence rule may be waived. Each case will be dealt with on its merits and is subject to the provision of relevant documents and will be at the absolute discretion of the Council. One month's notice in writing will be given, where possible andpayment of the full licence fee in advance.
Any Regular trader absent on the Friday Market for three consecutive market days in any twelve month period, without providing a satisfactory explanation for absence, will lose the right to trade on the Friday Market, the outstanding arrears will be collected in line with the corporate debt precovery procedures using the Councils invoicing system.
Any dispute must be put in writing and will be dealt with by the Markets Manager. Any dispute can be escalated to the Council’s Asset & Estates Manager who’s details are contained at the back of this document.
2.4Earlestown Market Day License Conditions of Use
The use of a day licence is subject to the following conditions of use:
2.4.1.Bylaws, Regulations, Instructions
(a)The Byelaws, Regulations, Statutory Provisions or other rules appertaining to
The trader shall observe the Market for the time being in force at all
times.
(b)All Statutory Rules, Regulations and Byelaws relating to any business
carried on in the Market shall be observed at all times.
(c)The Councils Markets Handbook as displayed on the Markets
Notice board.
(d)All reasonable instructions of the Council and its officers shall be complied with.
(e)The Council Officer shall mean a duly authorised representative of the
Councils Markets section.
(f)The Councils corporate complaints procedure.
2.4.2.Hours of Opening and Occupation of Spaces
(a)The Market shall be open for trading on each day designated by the Council
as a Market Day between 09.00am and 5.00pm except when otherwise determined by the Council.
(b)The allocation of a space in the Market shall be for one Market Day only, but regular traders will be allocated the same space each Market Day if the Council Officer should so determine.
(c)Where a regular trader does not occupy his normal space by 9.00am on any Friday, the Council Officer may allocate the space to another trader in accordance with the casual trader procedure as displayed on the markets notice board.
2.4.3.Payment of Daily Charges
(a)A daily licence fee together with any additional charges shall be payable on each Market day. The Council reserves the right to change the method of payment.
(b)The Council reserves the right to review daily charges at any time.
( c) A daily licence fee shall cover all normal market facilities and no other
payment must be made to any employee of the Council other than any
additional charge for the hire of the stall or temporary lets.
(d)All rent will be payable on the day. Should a trader not take up his position, the rent payable will roll over to the following Friday and will be collected in full. The Council will reserve the right to let their stall to another trader for that day.
2.4.4.Absence from the Market
(a)A regular trader absent on any Market day shall notify the Council Officer before 09:00 and can contact the Markets section on 01744677155. The Council do not employ traders and therefore absences other than authorised leave will be treated, as unauthorised absences and the trader will remain liable for the toll.
(b)All regular traders are entitled tofour-weeks leave between the 1st April and 31st March in any one-year on receipt of 48 hrs notice. Any trader allocated a regular position during any part of the holiday year will receive a pro rata holiday entitlement as determined by the Council.
(c)Any regular trader absent from the market for three consecutive market days without providing written notice of leave, or who is unable to give a satisfactory explanation for his/her absence will lose the right to trade on the market and their day licence will be terminated. Upon termination of the day licence, the Market Officer shall be authorised to pursue the trader for any outstanding rent arrears on their stall.
(d)No trader will be permitted to reapply for a position on the market for at least 3 months from the date of termination and any reallocation will be at the absolute discretion of the Council Officer having due regard to the traders previous record and the reasons for the previous termination. All or any arrears owing must be paid in full before being allowed to stand the market.
2.4.5.Vehicles
(a)A clear route through access roads and passageways must be maintained at all times. Access to and from the market can only be made using the defined access and egress points.
(b)No vehicle will be allowed onto the Market after 9.30am.
(a)Where a vehicle is permitted at the discretion of the Council Officer to remain during market hours it must fit totally within the area of the space allocated. In the event of a vehicle encroaching on to an adjacent position, the full rent for this position will be charged to the vehicle owner / stallholder. All vehicles that are loading / unloading must be removed by no later than 10.00am either from the Market or to such part of the Market as may be reserved from traders vehicles.
(b)No vehicles may return to the Market for loading or unloading purposes before 4.00pm except at the discretion of the Council Officer who may exercise such discretion on days of very inclement weather or early dusk during winter months.
e)All vehicles must be removed from the Market within one hour after the Market has closed for trading or within such longer period as may be allowed in special circumstances by the Council Officer.
2.4.6.Cleanliness of Spaces, Stalls and Passageways
(a)Each trader shall keep his space and stall and all passageways and aisles adjoining his space clean and tidy at all times.
(b)Each trader shall be responsible for collecting from his space all refuse and litter, which shall be either removed from the Market by the trader or left by the trader in any suitable containers or receptacles for collection by the Council. Failure to either remove all refuse and litter or leave waste in suitable receptacles for collection may result in enforcement action being taken.
2.4.7.Conduct of Traders
(a) Nothing shall be done by the trader or allowed or permitted by him to be done by his employees, which is a nuisance or annoyance to the public or to a trader on a neighbouring or adjoining space.
(c)A trader and his employees shall take all reasonable precautions to prevent blockage of sinks, washbasins, pipes and drains in the Market and the trader shall repay to the Council on demand any costs or expenses incurred in making good any damage to such drainage system caused by an act or omission of the trader or his employees.
2.4.8.Use of Spaces and Stalls
(a)A trader to whom a space has been allocated by the Council Officer must not part with possession of such space or any part thereof and that trader and his authorised employees must only use the space.
(b)Any trader giving up a stall will not be permitted to reapply for or trade from that position for a 3-month period.
(c)A trader may sell only that class of goods which has been approved by the Council Officer and may not make a change in the class of goods sold except with the written permission of the Council Officer. No reason for refusal will be required to be given by the Council.
(c)No alteration to the structure or fittings of any stall provided by the Council may be made except with the written permission of the Council Officer and nothing may be done which will impair the stability or safety of any stall. Counter tops supplied with stalls must be used solely for the display of goods and must not be used for any other purpose. A trader must ensure that safety catches retaining the cross members of a stall are in position before attaching any sheeting to a stall it is the responsibility of each individual trader to come prepared to trade in all types of weather conditions
(e)It shall be the responsibility of a trader who provides his own stall to ensure that it is an adequate structure and is erected in a safe and proper mannerhaving due regard to the local weather conditions and the safety of the general public and traders.
(f)No goods, boxes, wrapping paper or other articles may be placed outside the boundaries of the space allocated.
(g)A trader must exhibit his / her name and, in the case of a food business, hisaddress, in a prominent place on his stalls or space.
(h)Spaces must be cleared as quickly as possible at the end of trading and no later than one hour after the market closing time or within such longer time as may be allowed in special circumstances by the Council Officer.
(i)The Council reserves the right, at its discretion, to close or alter the layout of the Market, to prohibit trading on any space or to alter the boundaries of any space at any time without being liable for any loss sustained directly or indirectly by any trader.
2.4.9.Insurance and Indemnity
(a) A trader shall be responsible for ensuring that he holds Public Liability Insurance as determined by the Council (currently £5m indemnity).
A trader shall indemnify the Council from and against all actions proceedings costs claims demands charges losses damages or expenses which may be brought against or made upon the Council or which they may bear incur sustain or be put to in respect of any loss or damage to the employees of the Council or to any third party or to the property of the Council or of such employees or third party which may arise howsoever whether in contract or tort or otherwise out of the use by the trade of the space or its immediate surroundings or the failure by the trader to comply with any condition herein set out. The trader shall have no claim against the Council for any loss or damage sustained through fire, theft or any other cause, nor a claim for compensation, goodwill or otherwise on ceasing to trade in the Market
2.5Enforcement Procedure
This procedure has been devised to ensure that all tenanted traders are dealt with in a fair and equitable manner.
All Statutory Rules, Regulations and Byelaws relating to any business carried on in the Market shall be observed at all times
The Council Officer shall mean a duly authorised representative of the Councils Markets Department
All reasonable instructions of the Council and its Officers shall be complied with
All warnings will stay on the traders file indefinitely and may be referred to at a later date
Stage 1 Verbal Warning
Following a minor breach of market regulations the Market Officer or Duly Appointed Officer will work with the trader to rectify the minor problem, if this problem keeps re occurring then the Market Officer or Duly Appointed Officer will issue a verbal instruction to the offender and remind the trader that this practise must cease forthwith. A copy of such warning is to be retained on the traders file
Stage 2 Second Warning
Failure to comply with a verbal warning or depending upon the severity off the offence i.e. abusive language or any form off harassment
The Market Officer or the Duly Appointed Officer will issue a written warning clearly identifying the grounds upon which the warning is to be issued. A copy of such warning is to be retained on the traders file