Whitehaven Market Rules & Regulations

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Market Rules & General Information

(Updated October 2013)

Section 1 – General rules and regulations applicable to all sections of the markets


1.1 “The Council” means the Copeland Borough Council.
1.2 “The Market” means the open air Markets held in Whitehaven, Egremont and Cleator Moor respectively in the location determined by the Council.
1.3 “Stall” includes a compartment, standing bench, table, place, pitch, Site or space in the Market and used or intended to be used for the sale of goods.
1.4 “Goods” includes provision, commodities and articles brought into the market for the purpose of sale
1.5 “Authorised officer” is the person nominated to carry out the role of markets inspector.
1.6 “Service Manager” is the manager nominated to the manage the Council’s markets

Operating Times

1.7 Traders must be open and ready to trade, within their stalls fully presented for trade to an acceptable standard, no later than 10:00am.
1.8 The Market trading hours shall be 9.00am until 4.00pm
1.9 Regular traders are allowed access to their pitches from 07:30am casual traders are allowed access to their allocated pitch from 08:00am. The market must be clear of stalls by 5:30pm.
The appointed market days are:
1.10 Whitehaven Market – Thursday and Saturday
1.11 Egremont Market – Friday
1.12 Cleator Moor Market – Friday

Pitch Allocations

1.13 Pitches are allocated by an authorised officer of Copeland Borough Council and are based on the number and range of stalls present on the particular day. The aim is to present the market as a cohesive cluster of stalls.
1.14 Once a site is allocated for the day; the market trader may not transfer to another site unless required to do so by an authorised officer.
1.15 There is no limit to the amount of stalls selling the same goods and in some cases such stalls may be sited next to each other or within close proximity of other stalls selling the same goods. Every effort will be made to avoid this situation however there may be occasions when this is unavoidable.

Other arrangements

1.16 Regular market trader’s wishing to leave the market must give one week’s notice in writing to an authorised officer of Copeland Borough Council. The Council reserves the right to give one week’s notice to terminate arrangements with a market trader.
1.17 Requests to share a pitch must be made in writing to the Council and may be authorised by the service manager

Section 2 – Market Trader Conditions

2.1 All licensed traders must clearly display their trading name, stall name (if different), pitch number and contact telephone number.
2.2 Traders are only permitted to sell the trade line agreed at the time of stall allocation and detailed in one of the following:
• Signed Licence
• Casual trader registration form
2.3 Market goods shall not be offered for sale beyond the stipulated limit of each stall either on the ground or hanging.
2.4 Traders and their staff must not make any noise or play music that is considered to be a nuisance or inconvenience to other stall holders, customers and local residents.
2.5 Traders are responsible for their own and their staff’s conduct. They must refrain from abusive or bad language.
2.6 All waste generated from market traders business stalls must be kept within the stall limits throughout the day and deposited in the designated area in the appropriate sack provided by 5.00pm.
2.7 No waste other than that generated during the course of business at the market shall be deposited in the provided waste sack.
2.8 No animals/pets are permitted on any stall or vehicle used for storage or display. Animals are not permitted to be sold on the market.
2.9 No cooking shall be undertaken on any stall unless it is part of the agreed trade line.
2.10 All traders must hold valid Third Party and Public Liability Insurance policy in the sum not less than £5 million. A copy of the certificate of insurance should be available for inspection by an authorised officer of Copeland Borough Council at all times.
2.11 Traders are responsible for complying with all legislation and regulations applying to the individuals they employ or engage.
2.12 Traders are responsible for complying with all legislation that applies to their permitted trade line.
2.13 Regular traders who are absent from the market for two consecutive weeks , without prior notice will have their licence to trade terminated and be liable for the rent owed during this time.
2.14 Traders are permitted a 2 week holiday break to a maximum of 4 trading days each year providing they have been a regular trader at a Copeland market for at least 12 months and have no arrears at the time of the request. Requests for holiday breaks must be made in a recordable format (e-mail, letter, text etc.) to an authorised officer of Copeland Borough Council in advance. This must be prior to 8.30 on the relevant market day.
2.15 All staff on stalls handling open food products should possess a Foundation Certificate in Food Hygiene which should be prominently displayed in the stall they work.
2.16 All staff on stalls dealing with raw meat and fish should be appropriately attired.
2.17 All personal belongings must be stored appropriately out of sight of customers.
2.18 All goods must be clearly labelled and priced with any refund policy visible and in accordance with current trading standard legislation
2.19 Eggs sold at a local market by a producer with less than 50 hens are exempt from the requirement to grade and stamp their eggs with a producer number, method of production and country of origin. Market traders must however have a best before date on any egg box which must be no later than 28 days from the date of lay.
2.20 The selling of goods by calling out, known as hawking is not permitted on the Market.
2.21 Market traders shall ensure that all paving and decorative mosaic surfaces are protected by placing wooden blocks beneath stall legs
2.22 Market traders shall keep their stalls and fittings and space below and adjoining the stalls clean and free from litter.
2.23 All stalls, fittings; fixtures, cloths, covers and appliances owned by the traders must be kept clean and in good condition.
2.24 All stalls shall be maintained in a good state of repair and condition and to the satisfaction of an authorised officer of Copeland Borough Council. Checks will be carried out periodically by an authorised officer.
2.25 The Council disclaims any liability for accidents caused by, or arising from the disrepair, condition or construction of any stall.
2.26 No trader may change the type of goods offered for sale without the written permission of an authorised officer of Copeland Borough Council.
2.27 Registered charities may have a stall free of charge (maximum 2 per year). The type of goods to be offered for sale must be approved by the authorised officer.
2.28 The attention of market traders is drawn to the provision of the Unfair Contract Terms Act 1977, and they should ensure that their insurance takes account of the provisions of this Act.

Section 3 – Vehicle Access to the Market

3.1 Vehicles must be removed from the market as soon as the stall is ready to trade but no later than 10:00am.
3.2 If for any reason a vehicle cannot be moved by 10:00am, the authorised officer must be informed as soon as possible and by no later than 10:00am. This can be done in person if an authorised officer of Copeland Borough Council is on the market or by phone 08450 54 86 00.
3.3 Should a trader fail to remove their vehicle from the Market by 10:00am without giving just reason – this non-compliance of rules & regulations will be recorded and appropriate action taken. Please refer to section 5.
3.4 Traders vehicles are not permitted to return to the market other than when leaving for the day. Traders should complete this task within a reasonable time, ensuring that access to other traders and businesses is maintained. In the event of an emergency the vehicle must be removed immediately.
3.6 The parking of vehicles in the market is prohibited by The County of Cumbria (Various Roads, Borough of Copeland) (Consolidation of Traffic Regulations) Order 2009.

Section 4 – Fees and Charges

4.1 Traders must ensure all fees and charges are paid on demand to the authorised officer of Copeland Borough Council. Regular traders will be invoiced, monthly in advance. Holidays deductions will be credited to the following monthly invoice. Casual traders will be invoiced on a weekly basis.
4.2 Traders who are 4 weeks into arrears will have their licence to trade immediately terminated and will not be allowed back onto the market until arrears have been cleared.
4.3 Market charges are reviewed annually. Please see attached Schedule A

Section 5 –Conduct/Infringement of Rules and Regulations

5.1 The procedure for dealing with trader non-compliance with any market rules unless otherwise stipulated in this document will be as follows:
5.2 In the first instance the trader will be spoken to (unless the infringement is serious – the action for serious infringements is covered in 5.3) and asked to comply, this request will be put into writing to the trader with a copy kept on the trader’s file. Should any further non-compliance occur, the trader will again be spoken to and will be formally warned that any further non-compliance will result in their licence to trade being terminated. This information will be put in writing to the trader and a copy kept on the trader’s file. Three non–compliance occurrences for any infringement in a twelve month period may result in temporary or permanent termination of a traders licence to trade on the Market

5.3 Serious infringements of the Rules and Regulations may result in the trader’s licence to trade be terminated with immediate effect.

For Example:
• Health & safety infringements e.g. unsafe stall
• Animals for sale
• Illegal activity
• Violence / harassment
• Abusive behaviour (verbal, written or physical)

5.4 Right to Appeal
Appeals against temporary or permanent termination of licence to trade should made in writing to:
Waste and Enforcement Manager
Copeland Borough Council,
Whitehaven Commercial Park,
Moresby Parks,
CA28 8YD.
within 10 days of the date of the notice informing the trader of the Council’s decision.

Section 6 – Market Management

6.1 Market days may be varied by the Council by virtue of public holidays and may be held on Sundays but not Christmas Day, Boxing Day or New Year’s Day. The Council may offer an alternate day should the normal market day fall on either of these days.
6.2 A copy of the rules and regulations shall be given to each new trader.
6.3 Any trader who commences trading on Copeland Borough Council markets agrees to abide by the rules and regulations.
6.4 Any complaints with regard to these regulations or the interpretation by the Councils authorised officer must be in writing to Copeland Borough Council at normal address.
6.5 Traders may appeal against unsuccessful applications to trade on the Council’s market by writing to Copeland Borough Council.

Fees and Charges are reviewed annually and are available upon request by telephoning 01946 593014.

Published: 12 September 2016 - 10:06am