GENERAL TERMS AND CONDITIONS
IF YOU HAVE ANY QUERIES ABOUT THE RUNNING OF THE MARKET OR YOUR STALL, PLEASE CONTACT US AT YOUR EARLIEST CONVENIENCE
· Casual and Regular Traders. When a trader’s application to trade on the market is accepted, we will inform you in writing whether they have been designated as a Regular Trader or a Casual Trader. The special conditions applying to each category of trader are set out in clauses 2 and 3 below.
· Casual Trader Status. Designation as a Casual Trader means that the Trader has been accepted as a potential trader on the Market for the type of goods specified on their application form, but does not give a right to trade on any particular day or in any particular pitch. We will maintain a list of Casual Traders and may invite any Casual Trader to trade on a particular day when there is space, subject to payment of the daily fee and compliance with the terms and conditions. Selection of which Casual Trader(s) to invite on any particular day and where their pitch is located is at the discretion of the Market Team.
· Non-attendance. If a Casual Trader is offered a pitch on a particular day and accepts it, the Trader must give at least 72 hours’ notice to the Market Manager if they then do not wish to use the pitch. Unless such notice is received, the Trader will be liable to pay the daily fee for that day whether or not they actually attend the market. (Exceptions may be made at the Market Manager’s discretion in case of sickness.)
· Sickness. In the event of non-attendance due to sickness, the application of regulation 2(b) (above) will be at the discretion of the Market Manager. If traders are unable to notify the office of sickness then they must contact the Market Manager directly as soon as they know they will be unable to attend the market. Traders will be treated with consideration, and all traders will be granted 2 weeks sickness leave in any one year subject to no retaining fee. Traders who take more than 2 weeks sickness leave in any one year may be subject to a retaining fee of £10 per trading day absent.
· Regular Trader status. Designation as a Regular Trader means that until further notice the Trader has the right to use the pitch(es on the day(s) specified in their acceptance letter, subject to payment of the daily fee and compliance with the terms and conditions.
· Changes to trading rights. Regular Trader status may be withdrawn immediately from any Trader at the discretion of the Market Manager if the Trader breaches any of the terms and conditions. The Market Manager may withdraw Regular Trader status or change the trading day(s) and/or the pitch(es) of any Regular Trader on one month’s written notice.
· Non Attendance. Regular traders who do not give at least 72 hrs prior warning that they do not wish to take up their stall(s)/pitch(es) on the market on a particular day will be liable to be charged a retaining fee in respect of their stall(s)/pitch(es). This is the full cost of the stall/pitch charge per day of non-notified attendance. A Trader who is absent for two consecutive weeks without notification will lose rights to their reserved stall & will be required to reapply.
· Sickness: In the event of non-attendance due to sickness, the application of regulation 3(c) (above) will be at the discretion of the market manager. If traders are unable to notify the office of sickness then they must contact the Market Manager directly as soon as they know they will be unable to attend the market due to sickness. Traders will be treated with consideration, and all traders will be granted 2 weeks sickness leave in any one year subject to no retaining fee. Traders who take more than 2 weeks sickness leave in any one year may be subject to a retaining fee of £10 per trading day absent.
· Leave: Leave of absence for religious, family and/or holiday reasons may be granted upon written application. Such leave of absence must not commence until approval has been given and approval must be sought a minimum of 72 hours in advance. The maximum limit of leave is six weeks in any one year period. After the 6th week of leave in any year, a retaining fee of £10 per trading day of absence will be payable for each stall/pitch in order to guarantee return to the market. Stallholders risk losing their pitch with immediate effect if they refuse to pay this fee. This 6 week allowance INCLUDES the 2 weeks sickness referred to in point (d) above.
· The following terms and conditions apply to both Regular and Casual Traders
· Health & Safety. Traders are responsible for ensuring the safety of all stall premises and equipment brought onto the site; also for proper use of stalls and equipment provided by Green Park Station Market, and for reporting promptly any faults or damage to the latter. They must ensure that equipment used meets Health & Safety requirements. Traders must not cause or permit any obstruction to walkways (which must be maintained to a width of not less than 2.5 metres), entrances or fire exits. Use of heaters on the market is strictly forbidden. (For information on First Aid and Fire Procedures on the Station, refer to the Code of Practice (available on request).
· Food Hygiene Legislation. Traders must comply with Consumer Legislation and any other relevant enactment. Traders serving/selling food products must provide their original certificate/s to the Market Manager to be copied. The Vegan Platform reserves the right to share trader contact address information in the case of a product complaint.
· Insurance. A trader must hold public and product liability insurance to a value not less than £5,000,000. Evidence of cover must be presented with the application to trade and thereafter at each renewal of the policy. If the insurance expires, all traders are required to present the renewed documents for inspection within two weeks. Not doing so may result in permanent loss of pitch on the market.
· Electrical Supply. Traders must not misuse any electricity supply which is provided for lighting and approved equipment only. Applications to use any electricity supply for equipment other than lighting must be made in writing to the Market Manager and such equipment must not be used until a formal decision is received. This will require the equipment to have undergone a market PAT test, or production of a valid PAT certificate. Some pitches have electricity: This is free under 50W. For every item above 50W a charge of fee of £1.50 will be implemented, or if your total cumulative total is above 100W.
· Goods. All Goods approved for sale at the market are at the full discretion of the market management team. We welcome applications from all traders. We may reject applications to trade specific items, or refuse trading on certain days based on the focus of each market day & our consideration of the impact of each stall on Green Park Station as a whole (retail units and other market stalls included). Queries on any decisions should be made in writing.
· Goods Description. All goods to be offered for sale must be listed on the application form. Any application to vary the list of authorised goods must be made in writing to the Market Manager. The proposed new goods should not be displayed unless written approval has been received from the Market Manager. If a Trader fails to regularly display any item(s) listed on the application form (or any subsequent approved amendment) the Market Manager may withdraw consent for trading that particular item by giving written notice to the Trader.
· Stall presentation & use. Traders must keep their stall(s)/pitch(es) tidy at all times, with all empty boxes and containers stored out of sight. At the close of each day’s trading, traders must clean the stall(s)/pitch(es) area, and the stall must be returned to its original configuration. Stall(s)/pitch(es) must be clear by 5.30 pm. Traders must not allow their refuse to litter the market.
· Goods must not be hung or placed at the front of a stall so as to project beyond the frontage of any fixed stallboard. Additional display areas may only be utilised at the discretion of the Market Manager. Traders occupying ‘pitching’ space must not encroach beyond the limits of those pitches. In instances where the rear of stalls face into public aisles goods may only be placed at the discretion of the officer in charge up to a maximum of 4 ft. from the rear of the stall counter. If such space is used for selling or displaying rather than storage of goods the appropriate charge will be made.
· Stall(s)/pitch(es) are to be used for quiet selling. Where traders wish to use trading positions for demonstrating, pitching, or other means of attracting a crowd, then approval – in writing – must be gained from the Market Manager. Traders must not deface or alter the stall structure in any way. Traders must leave the stall in its standard layout (with stallboards being attached to the lowest supports, and any spare wood stored behind the back board), Please speak to the Market Manager if you are unclear on this.
· Market Layout. Subject to clause 3(b), the location of traders within the market is at the discretion of the Market Team. Traders who wish to change their stall(s)/pitch(es) position must refer to the Market Manager who has the ultimate authority to decide either way.
· Trading Hours. Traders must occupy their pitch(es) by 9.00 am and, except in the event of an emergency only, where notice is given to the Market Manager prior to 9.00 am any unoccupied pitch(es) will be let to any person(s) waiting for space after 9.00 am. Traders must keep their pitch(es) stocked throughout the trading day and must not vacate the pitch(es) before 4.00 pm except at the discretion of the Market Manager.
· Vehicles. Vehicles may be brought into the parking area in the train shed for loading/unloading purposes only, and for periods of no longer than 15 minutes, except with the express permission of the Market Manager. Vehicles must be unloaded on arrival, removed immediately thereafter from Sainsbury’s car park; in any event not later than 8.45 a.m.
· Unloading and Setting Up. Traders must take care during unloading and setting up, and when packing away, not to cause an obstruction or hazard; nor should they generate any excessive or unnecessary noise. Barrows, boxes and vehicles must be expeditiously loaded or unloaded and once emptied removed from the gangways and pedestrianised areas of the market. Any trader seen to be delaying the loading/unloading process by setting out a stall or wasting time will be deemed to be acting in contravention of the regulations.
· Noise. Live or recorded music is only permitted at the discretion of the Market Manager. The permitted sound level of any live or recorded music will be at their discretion. If music is to be played a music licence must be acquired from PRS for Music.
· Children. Children under the age of 14 years are not permitted to remain at the stall during market trading hours.
· Animals. No trader shall keep any animal at their stall(s)/pitch(es) unless at the discretion of the Market Manager.
· Behaviour. Traders and/or their employees must conduct themselves in an orderly manner and must not use obscene language. Abusive or anti-social behaviour whilst on site, by Traders or by anyone associated with that person, will result in instant dismissal from the market. Abusive behaviour, either verbal or written, towards Ethical Property staff, will not be tolerated and will result in instant dismissal from the market. Goods of an offensive or obscene nature (as determined by the Market Manager) must not be displayed.
· Smoking. As the site has 3 walls and a roof, under government regulations it is considered a Smoke Free Zone. It is therefore our policy that there will be no smoking at any of the stalls in the station. Any trader found smoking at their stall will be dismissed from the market. Anyone who does not comply with the Smokefree regulations (i.e smokes within a Smokefree area) is committing a criminal offence. This means that if you are found to be smoking on any part of the Station or car park, you could also be fined a fixed penalty notice of £50 for each breach by the Council. If you wish to smoke you must go out of the site either via the foyer, by the Sainsbury’s cashpoints, once you have left the area covered by the roof or right into the Sainsbury’s car park. Smoking will not be tolerated on site.
· Disputes. In the event of a dispute the Market Manager’s decision is final. If you wish to make a formal complaint. Please see the code of practice for the correct procedure.
· Trading Rights. Lettings at Green Park Market are on a daily basis only. Nothing herein shall be deemed to create the relationship of Landlord and Tenant between the Ethical Property Company and the registered trader.
· Allocation of Stalls. The assignment or sub-letting of pitch(es) is not permitted. In the event of a trader not attending at the pitch(es) in person he/she must, on request, provide satisfactory documentary evidence of employment of staff. Failure to do so will necessitate the personal attendance of the trader at the pitch(es). The transfer of pitch(es) to any immediate member of the trader’s family will be considered upon a written request. Family transfers will not be considered to relatives who occupy pitch(es) in their own right on any market.
· Contact Details. All traders must immediately inform the Market Manager of any change in name, address or telephone number details.
· Charges. Traders must pay a daily charge for each day’s use of any pitch/stall. A list of the current charges may be obtained from the Market Manager and may be changed on one month’s written notice from the Market Manager to the Trader. Traders will need to pay their full pitch fee in advance.