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Chudleigh Market - Code of
Practice Issue 1.3
Content
1. Definitions
2. Traders' Code of Practice
3. Market Management
1. Definitions
1.1 The 'Market' is any regular or special market held
in Chudleigh's street locations determined by Chudleigh's Town Council.
1.2 The 'Regular Market' is the weekly Market held in
Chudleigh on a Thursday.
1.3 A 'Special Market' is any Market held in Chudleigh
that is not the regular Market.
1.4 'Market Day' is every Thursday on which a Market is
held and any day a Special Market is held.
1.5 The 'Market Area' is the length of Chudleigh's Fore
Street between and including the Post Office and the War Memorial.
1.6 A 'Trading Space' is an area from which a Trader has
been authorised to display and/or sell goods.
1.7 A 'Trader' is either a Shop Trader, a Regular Trader
or a Casual Trader.
1.8 A 'Shop Trader' is a shop owner who has been
authorised to trade from the Trading Space outside their shop, on the
day of a Market. If a shop owner has not been authorised to use this
space, any Trader who will not compete directly with the shop's
business, may use it.
1.9 A 'Regular Trader' is one who has been authorised to
trade from the same Trading Space each week.
1.10 A 'Casual Trader' is one who has no fixed Trading
Space but has been allocated an available space on the day of the
Market.
1.11 The 'Market Management Team', the 'Reeve' and any
Reeve assistants are the personnel employed permanently or temporarily
by Chudleigh's Town Council to conduct all market operational
activities including maintenance, physical works, stall letting, rents
and staff. They are authorised by Chudleigh's Town Council to act in
respect of the daily running of the Markets, the supervision of these
Codes of Practice, the letting of Trading Spaces and the keeping of
relevant records.
1.12 The 'Waiting List' is a list of all Traders waiting
for a suitable position. Traders may move up the list, depending on the
suitability of the Trading Space that becomes available. For this
reason, latecomers may move up the Waiting List faster than newcomers.
1.13 The 'Contract to Trade' is the signed agreement
between the Trader and the Market Management Team, which allows the
display and/or sale of the product, listed within the Contract to Trade
at Chudleigh's Market in accordance with the Code of Practice.
2. Traders' Code of Practice
Approval
2.1. The Market Reeve must approve all Traders and their
pitches. The Reeve's decision on suitable Traders is final.
2.2 Traders must agree and adhere to the Code of
Practice and sign the Contract to Trade before being allowed to trade
at the Markets. They will receive a laminated License, which must be
displayed on their stall when trading at the Market and surrendered
when they stop attending the market.
2.3 All Traders must have a current and valid Public
Liability Insurance certificate with a value up to £5 million and
supply the Reeve with a copy. All Traders are liable under their own
Public Liability Insurance.
2.4 Traders selling food must have the relevant Food
& Hygiene Certificate and provide a copy to the Reeve for
recording. Please also provide a copy of the notification to the
'Environment & Safety Services, Teignbridge District Council'. They
must ensure that Health & Safety standards are adhered to and
practice any relevant stock rotation.
Contract
2.5 All Traders must supply their full names current
address and telephone number to the Reeve. The Reeve must be notified
of any change in personal details.
2.6 Traders may only display and/or sell product that is
detailed on their contract. Any changes to product must be notified in
writing to the Reeve and approved by the Reeve.
2.7 All Trader charges must be payable on demand, in
accordance with the schedule supplied by the Reeve.
2.8 Any charges accrued during a period of absence, must
be paid to the Reeve on the first day of return.
2.9 In order to avoid the possibility of leaving a
Trading Space vacant and where no other options are available, the
Reeve retains the right to install a Casual Trader whose line of goods
may be the same as an existing Trader's product.
2.10 No Trader is obliged to trade on Special Market
days. Should a Trader decide to trade on a Special Market day, this
Code of Practice must be adhered to.
2.11 If a Trader wants to secure a Trading Space in the
future they must be added to the Waiting List and wait for a suitable
Trading Space to become available.
2.12 All Regular Traders will get 4 weeks at half rent
during the month of February. Casual Traders will still pay the full
rental charge.
2.13 Whilst every reasonable effort for security will be
made, the Market Management Team and Chudleigh Town Council accepts no
responsibility for any loss or damage to a Trader's property or produce
whatsoever.
2.14 A notice period of at least one week (seven full
days) is required from any Regular Trader who wants to give up their
Trading Space.
2.15 The Reeve has the right to terminate a Trader's
authorisation to trade giving at least one weeks (seven full days)
notice. In the event of a serious breach of this Code of Practice the
Market Management Team reserve the right to immediately terminate any
Trading Space or reservation of such either temporarily or permanently.
2.16 The Market Management Team reserves the right to
change or modify this Code of Practice, whereby a new one will be
issued to all Traders, who should then destroy the old Code of
Practice.
Usage
2.17 Vehicular access to the Market Area is with
permission of the Reeve and for Health and Safety reasons all Traders'
vehicles must be removed from the Market Area before 8.30 a.m. and
after 3.30 p.m.
2.18 All Traders must have removed their entire product
and belongings from the Market Area by no later than 3.30 p.m.
2.19 Traders may only display and/or sell product from
their allocated Trading Space.
2.20 All Traders must ensure they do not block or
restrict access to any aisles between stalls, pavement routes,
thoroughfares, shop entrances or any pedestrian areas. The Market
Management Team has the right to remove any such obstacles without
notice.
2.21 All Traders will ensure they do not cause any trip
or slip hazards. Obstacles and spillages must be cleared immediately.
2.22 No Trader may sub-let their Trading Space either in
whole or part, permanently or temporarily.
2.23 All Traders can temporarily extend their Trading
Space to include another vacant Trading Space but only with prior
consent with the Reeve. They will then be liable for the rent of this
addition.
2.24 All Stalls must be actively attended and traded
from by the Trader, or their representative, at all times.
2.25 No Trader is allowed to hawk or carry about any
produce for sale.
2.26 The Market Management Team reserve the right to
temporarily relocate any Trader, either with prior notice of a special
event or immediately in the event of any special circumstance.
2.27 When possible, all Traders must advise the Reeve in
advance of any intended absence, giving as much notice as possible.
2.28 All Regular Traders who fail to attend the market
for three consecutive weeks, will lose all rights to that Trading
Space.
2.29 Regular Traders are not allowed free days whilst
away on holidays. Absent Regular Traders who wish their Trading Space
to be reserved for them, must pay the usual charges and leave their
Trading Space clean, accessible and available to be used by a Casual
Trader if one is available. If a Casual Trader uses the Trading Space,
the Casual Trader will be responsible for the rent and not the Regular
Trader.
2.30 Any equipment supplied to a Trader, should be
handled only by the Market Management Team. Any damage resulting from
unauthorised handling of such equipment will result in a charge for
repair or replacement being issued to the Trader responsible.
2.31 No permanent changes or alterations of the supplied
stalls are allowed.
2.32 Any electrical work or installation carried out on
stalls must have prior approval from the Reeve and be carried out and
tested by a fully qualified electrician.
2.33 Any gas work or installation carried out on stalls
must have prior approval from the Reeve and be carried out, tested and
certified by a fully qualified plumber.
2.34 Telephone lines, broadband connections and any
other form of digital communication may be used with responsibility
lying solely with the Trader.
2.35 No Trader is allowed to have music or any other
noise broadcast with the exception of Trader calls, pitches or singing.
The Reeve has the right to ask a Trader to desist or modify their call,
pitch or singing. No instrument or equipment is allowed to enhance
their voice or volume.
2.36 In the event of a fire or bomb warning it may be
necessary to evacuate the Market Area. All Traders must evacuate
without delay and it is incumbent upon all Traders to encourage the
public to leave the area also.
2.37 All electrical items for use or sale at the Market
must have a current and valid PAT Test Certificate regardless of age.
Failure to comply may result in a request for the item to be removed or
in extreme circumstances, confiscated.
2.38 All Traders are liable under their own Public
Liability Insurance for any accident, injury, incident or damage caused
by their electrical equipment.
2.39 During inclement weather or where there is a danger
to the public or property the market may either be canceled, resulting
in no charges, or closed early, resulting in half rents being charged.
2.40 The Reeve's decision regarding inclement weather is
final.
Presentation
2. 41 All Traders must be ready for their customers
during the core hours of 9.00 a.m. to 2.00 p.m. unless otherwise
advised by the Reeve, for example during inclement weather or an
emergency.
2.42 All Traders must ensure that they, their Trading
Space/s, their Stall/s and their product and its presentation must be
of a respectable standard, compliments the Market and is of a high
standard of operation overall.
2.43 All Traders will contain their displays and product
within their allocated Trading Space and not encroach outside their
Trading Space. Any additional Trading Space must be negotiated with the
Reeve and any additional stall rent paid if allocated.
2.44 Any amendments or additions to stall design or
structure must first be submitted as a proposal to the Reeve with
specifications and drawings. Only if approved by the Reeve may the
amendments and/or additions be instigated. Any changes made without
such approval will be removed without notice.
2.45 Traders must not use racially, sexually or any
other offensive or inflammatory language or swearing or cause a
nuisance by noise or obstruction etc. to residents and users of the
highway.
2.46 All Traders must treat the Market Management Team,
other Traders and the public with respect and decency.
2.47 All Traders will use the black sacks supplied on
each Market Day, to secure all waste from their stall. No Trader shall
use public bins for trade or Traders' rubbish. The supplied bag should
be taken to the allocated drop point before leaving the Market Area.
All Traders are responsible for the regular removal of rubbish from
their Trading Space, throughout the Market Days on which they attend.
2.48 All Traders must display a sign with their business
name and/or personal name at all times whilst trading.
General
2.49 The Reeve has the right to move a Trader to a
different Trading Space with no notice.
2.50 No counterfeit, stolen, illegal or unsafe goods are
allowed for sale at the Market. All such items will be reported to the
local authorities.
2.51 Any complaints about the Market should be addressed
either verbally or in writing to the Reeve. Any complaints about the
Reeve should be addressed either verbally or in writing to the
Chudleigh Town Council.
2.52 All personal data will be handled in accordance
with the Data Protection Act 1998.
3. Market Management
The Reeve will:
3.1 Provide an Application Form and any other relevant
documentation to any person who requests to trade at the market.
3.2 Ensure all Traders have the correct Food &
Hygiene Certification, Customer Liability Insurance and any other
relevant certification and retain a record of such.
3.3 Keep an updated Waiting List of all who wish to
trade at the Market.
3.4 Allocate a suitable trading position to Traders
taking into account the neighbouring stalls and shops, special events
and special circumstances.
3.5 Provide a laminated License to Trade to all Traders
who have been approved a position and collect these licenses when the
Trader ceases to attend the Market.
3.6 Supply a copy of the Market's latest Code of
Practice to every Trader.
3.7 Ensure all Traders adhere to the Market Code of
Practice.
3.8 Check the signage for the Market.
3.9 Collect from Traders all charges relevant to the
market and keep a record of all charges and expenditures relevant to
the Market.
3.10 Negotiate any disputes between Traders, Shop Owners
and members of the public.
3.11 Check the Market for obstructions, trip, slip and
fire hazards.
3.12 Ensure all equipment provided to the Traders is
handled and stored correctly.
3. 13 Make reasonable effort to ensure security of the
Market in general.
3.14 Ensure all stalls are ready for trade at the
correct time and that they are broken down at the end of Market Day.
3.15 Ensure the Market Area is clean and tidy by the end
of the Market Day and any equipment is turned off and keep a record of
such.
3.16 Decide if the Market needs canceling or closing
early due to inclement weather or danger to the public or property.
3.17 Must help ensure evacuation of the Market Area in
case of fire, bomb or other emergency.
3.18 Provide access to the Market's latest Code of
Practice to anyone who wishes to view it.
3.19 Deal with any complaints relating to Market
operations and provide contact details for the Town Council if
necessary.
3.20 Ensure all personal details on record are handled
in accordance with the Data Protection Act 1998.
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