MALTON MARKET – LICENSED TRADERS
Traders are required to read carefully the following Market Rules and bring them to the notice of their staff or other people representing them on their trading area. Trader attendance on the Market is deemed to be an acceptance of this Licence and the Market Rules.
Within this document: “Company” means Fitzwilliam (Malton) Estate, its employees and agents; “Trader” means any company or person and the employees and agents thereof contracting with the Company to take a trading area or exhibition space; “Market” means the event and venue of a market in Malton Market Place; “Site” means the area on which the Company holds the Market, including any buildings, fixtures, fittings, boundaries and markings; “Market Manager” means the person appointed by the Company to manage Malton Market.
APPLICATION FOR TRADING SPACE
Applications must be accompanied by the advance payment of Licence fees (usually two weeks).
The application form must be fully completed and signed and handed to the Market Manager or sent to the Company.
No trading space will be reserved until full payment is received.
PAYMENT OF RENT, TOLLS AND/OR CHARGES
The Licence fee is payable on each market day as from the first attendance.
The Trader will remain fees in advance equal to the number of weeks advance fees originally paid.
If the Trader does not attend the Market, the Trader is responsible for full payment of the Licence fee during the period of absence.
In the event of any one period of absence equalling the number of weeks advance fees originally paid, the Trader will be deemed to have given notice to quit.
Traders using Company stall equipment will pay an additional fee to the Licence fee for that use.
Daily fees are payable by the Trader to the Market Manager by 1000 hrs each market day. The Trader needs to ensure that he/she has the means of payment at that time.
NOTICE TO QUIT
A period of notice equal to the number of weeks advance Licence fees originally paid is required from Traders wishing to cease trading at the Market. No charge will be payable during this final trading period.
Traders not attending during the final trading period will forfeit all Licence fees previously paid.
Licence fees paid in advance are not refundable.
TERMINATION OF LICENCE
The Company reserves the right to terminate a Trader Licence with immediate notice, with the return of any unused Licence fees or deposit held, or by issuing the Trader with notice to quit.
The Company reserves the right to refuse a Trader permission to trade at the Market.
There will be no compensation of any kind due or paid by the Company to the Trader in respect of such termination.
COMPLIANCE WITH RULES
Traders shall ascertain and comply with all statutory legislation pertaining to their business, including any local byelaws, Health & Safety at Work regulations, employment legislation and food hygiene regulations.
Traders shall comply with any additional regulations or operating procedures properly issued by the Company from time to time.
The Company reserves the right to properly waive, alter or add to the Market Rules at any time in the interests of good estate management and the Market as a whole.
Should any questions or issues arise, whether provided for in these Rules or not, the decision of the Company shall be final and binding on each Trader.
The Trader will comply with all reasonable requests, instructions and directions of the Company’s Market Manager and/or Estate Manager.
EVIDENCE OF IDENTITY
Traders may be required to provide proof of identity, (e.g. passport), proof of residence (e.g. a recent utility bill), VAT registration document (if appropriate), company registration document (if appropriate) and confirmation of insurance cover (see requirements below).
Copies will be kept for management records only and not be divulged to any third party.
CLAIMS, INDEMNITY AND INSURANCE
The Trader shall indemnify the Company against all liabilities, actions, costs, claims and compensation
for injury or loss to any person or damage to or loss of any property arising as a result of his occupancy of a trading area or of any act, omission or negligence done or omitted by the Trader or any person under his direction.
The Trader shall maintain valid insurance cover at all times for a minimum of £5,000,000 third party (public) and products liability, plus employers liability cover for a minimum of £10,000,000 with an indemnity for both extending to the Landlords as principal. These policies of insurance are to be shown to the Company on demand.
Responsibility for all stock, personal effects, fixtures and fittings shall lie with the Trader and the Company accepts no responsibility for liability in the event of any claim for the above.
Traders shall not do or allow to be done any act that might render the Company’s insurances void or voidable.
All accidents that occur on or in the vicinity of a Trader’s stall or which the Trader witnesses must be reported immediately to the Market Manager.
TRADING HOURS, HOURS FOR ACCESS
The Market will be open for trading during all advertised trading hours for each trading day, which for the time being shall be 0900-1600 hrs each Saturday. The Market will be closed on New Year’s Day, Christmas Day and Boxing Day.
The Market may trade on other days or times as authorised in order to reflect a change in public shopping patterns.
Access to the Market area for setting up is from 0600-0830 hrs.
All trading areas must be occupied by 0830 hrs and vehicles unloaded without delay.
In the event of any trading area not being occupied by 0830 hrs the Company reserves the right to refuse the use of that trading area by the Trader.
All unauthorised vehicles must be removed from the Site by 0900 hrs.
No Trader’s vehicle movements will be permitted on the Site during the trading hours.
A speed limit of 5mph applies to the Site.
Traders driving vehicles on or near the Site shall comply with all directions of the Market Manager.
Where parking facilities are provided, the Trader must park in the allocated area.
Unauthorised parking of vehicles on the Site is prohibited. Any vehicle thus parked may be towed away. The Company will not accept responsibility for any damage caused to the vehicle and any expense incurred through this action will be charged to the Trader.
TYPE OF MERCHANDISE
The Trader must declare on the application form, in full detail, the type of goods to be sold.
The Trader will not add to nor alter the type of goods that they sell at the Market without prior written permission from the Company.
ALLOCATION OF TRADING SPACE
The Company does not guarantee to allocate or reserve a specific trading area for the Trader and the Company reserves the right at any time to alter any allocated trading area.
The Market Manager will decide pitch position with the aim of creating the best layout for the Market overall, consulting with Traders and taking into account their goods and produce and the quality of their presentation methods.
The Trader will not sell or transfer their trading area to any other person or company. Nor will the Trader permit their trading area to be occupied by any other person or company.
Traders will use only the area allocated to them.
Under no circumstances will the Trader encroach upon another trading area.
The Trader will not occupy a trading area in a manner that may cause any obstruction or hazard to the public or to other Traders.
The Trader will not add any extension whatsoever to Company stalls.
Company equipment and property will not be used for any purpose other than the authorised and intended use.
The Trader will remove all string or similar from a Company stall at the end of each trading day.
Traders providing their own stalls must ensure stalls are of good quality and are safe. Traders will not be permitted to use their own stalls where, in the opinion of the Company, the stalls do not conform to the Market’s quality standards.
Traders are responsible for erecting and dismantling their own stalls within the area designated by the Company. Stalls must be erected by 0830 hrs. Stalls may not be dismantled prior to 1600 hrs without authorisation from the Market Manager.
No Trader may do or cause any damage to the Site or to any fixtures or property belonging to the Company.
Any damage which may have been done or caused by the Trader to the Site or to any fixtures or property belonging to the Company shall immediately be made good at the Trader’s expense to the entire satisfaction of the Company.
The Trader is responsible for the behaviour of every person, paid or unpaid, representing the Trader on their trading area and the Market.
Traders and those who are working with them shall be polite and courteous to all members of the public, management staff and other Traders at all times.
Traders shall not use or allow to be used any part of their trading area so as to cause annoyance, nuisance or inconvenience to other Traders or users of the Market.
The Trader is responsible for keeping his/her trading area along with any adjoining area clear of refuse throughout the day.
At the end of the trading day, the Trader must make arrangements for all waste produced by the Trader to be disposed of responsibly off the Site.
LEGALITY AND OTHER MATTERS
For the sake of clarity, the Trader is authorised to use the market pitch(s) on a day to day licensed basis. There is no landlord and tenant relationship existing.
The Trader shall, where possible, notify the Market Manager in advance of any absence due to illness, holidays or other reason.