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 practise 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 cancelled, 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 cancelling 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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