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Terms and Conditions 2019

Whalley Range Markets are organised by the Whalley Rangers, currently constituted as a Community Action Group.

Whalley Range Markets has made the following terms and conditions for the use of stalls and spaces operated on our markets. Whalley Range Markets may amend these terms and conditions from time to time, and shall give 14 days notice prior to the implementation of any amendment. Please note our cancellation policy at the end of this document.


Terms and Conditions for Stallholder Bookings


Trader registration
All traders wishing to register with and all persons working on Whalley Range Market must be eligible to work in the United Kingdom. Traders must provide the appropriate supporting evidence, upon request, to Whalley Range Market, Manchester City Council or any other appropriate authority confirming the eligibility of themselves and their staff to work in the United Kingdom. It remains a criminal offence under section 8 of the Asylum and Immigration Act 1996 to employ a person aged 16 or over who is subject to immigration control unless:
That person has current and valid permission to be in the United Kingdom and that permission does not prevent him or her from taking the job in question;
The person comes into a category where such employment is otherwise allowed.


Occupation of a stall or space
Traders shall only trade from the stall or space allocated with the equipment provided at the prescribed times, and must not trade from any other stall or space or use any other equipment owned by Whalley Range Market unless instructed/permitted to do so by Whalley Range Market.
Traders shall not set aside any space at any time for any other trader.
Traders must occupy the space at all times during the prescribed trading times.
Traders must vacate the Market not later than 60 minutes after the end of the prescribed trading times, unless express written permission has been granted by Whalley Range Market.
If the trader fails to occupy the stall or space by the start time of the market, the stall or space may be re-allocated for that day and full fees will still be charged to the trader.
In the event of a licensee being unavoidably delayed, the stall or space may be reserved provided Whalley Range Market are notified prior to the start time of the market.
Traders must operate their business and allocated stall or space within a quality standard determined at the discretion of Whalley Range Market – if Whalley Range Market feels that there is a deficiency in quality standards they will notify the trader and give notice to comply within a reasonable time frame.


Charges
Stall/site charges must be paid on demand in advance of the day of attendance.
Where a licensee is absent on any market day no refund of previously paid fees will be issued – please see cancellation policy at the end of this document for reference.
Whalley Range Market reserves the right to amend its charges and payment instructions as necessary, and will inform traders of any changes to its charges.


Use of electricity
All electrical installations must be installed by a competent person, and appropriately certificated. NICEIC certificates must be provided upon request to Whalley Range Market or an authorised officer.

Traders are responsible for ensuring that any electrical goods or equipment they use or provide on the stall or space, satisfies relevant legislation. Traders shall provide evidence of Portable Appliance Test certificates for all electrical goods and equipment to an authorised officer when requested.

The use of generators is prohibited unless authorised by Whalley Range Market. Where authorised, traders shall ensure that generators are super silenced or similar type, fit for use, regularly serviced, placed in an appropriately-sized cage, positioned within the confines of the allocated stall or space and so as not to cause obstruction, hazard, or impede the operation of the Market.

Traders shall ensure that all trailing cables are covered with anti-trip matting.

Traders must immediate cease to use any equipment that Whalley Range Market deems to be in an unsafe condition or not as described in advance by the trader.

No heating apparatus or items operating with a naked flame shall be used on the Market, except where permitted to do so by Whalley Range Market.


Sale and Storage of Goods
The stall or space must only be used for the purpose of the buying and selling of authorised goods, except with the permission of Whalley Range Market.

Only those goods or services specified on the booking form or agreed at the time of allocation may be sold. Written approval from Whalley Range Market must be obtained before any changes are made to the agreed type of goods or services sold.
The trader must endeavour to keep the stall or space well stocked with goods throughout the trading day.

All goods offered for sale as second-hand must have been sold by retail on a previous occasion.

The use or sale of gas or gas appliances is only permitted where proof of compliance with Corgi terms and conditions and any other relevant legislation is available to view on request on the day of trading.

Traders shall not abandon in the Market any goods, packages, equipment, or vehicles during or after the prescribed trading times, or after leaving the space or market.

All food sales and food trader personnel must comply with all the relevant standards and conditions of the Council’s Environmental Health Department, and all food goods must be stored in rodent-proof storage containers. Traders selling food must as a food business and by taking a stall guarantee that they have the appropriate hygiene certification. Sellers trading in food must send the appropriate certification to be inspected by Whalley Range Market prior to trading.


Sale of Alcohol
No trader may sell alcohol at the market without the explicit permission of the Market directors.

The market operates a “Challenge 21” policy and in place relating to the sale of alcohol and the only ID that should be accepted is a passport, photo driving licence, PASS accredited proof of age card or military identification card.

Traders who do not currently hold a personal licence must ensure that they are aware of the strictures of the “Challenge 21” policy and how it is to be enforced.

All traders who sell alcohol have been reminded to be vigilant for evidence of proxy sales.

All traders selling alcohol are required to display appropriate signage indicating that it is an offence to buy or attempt to buy alcohol for a person who is under 18 and for a person under the age of 18 to buy or attempt to buy alcohol.


Goods on Sale
Please note that we may refuse bookings from traders whose goods we feel are not in keeping with the ethos of the market. In particular we are not able to accept stalls which are operating as franchisees of national or international businesses.


Hours of Opening
The markets shall be open for trading during the prescribed times, details of which shall be emailed to traders upon booking.

All traders shall keep their allocated stall or space open for the sale of goods and services during the hours of opening.

Whalley Range Market reserves the right to amend the opening hours, close or alter the layout of any market or close and stop the sales from any stall or space at any time without being liable for any loss sustained by the trader, directly or indirectly, if it is in the best interest of the market or the general public.

In the event of the cessation or interruption of the Market Whalley Range Markets shall not be liable for any damages, including profits, howsoever caused.


Encroachment (building out)
No space shall be altered or extended in any way without the consent of Whalley Range Markets.
Goods and equipment shall not be displayed or deposited beyond the boundary of the stall or space unless agreed by Whalley Range Markets. Where a trader fails to comply with a request from Whalley Range Market to move goods and equipment, Whalley Range Market reserves the right to remove goods and equipment displayed or deposited beyond the boundary of the stall or space, which in the opinion of Whalley Range Market, are causing a nuisance, obstruction or hazard. The goods shall be either placed within the boundary of the space or removed to storage, or in the case of perishable goods Whalley Range Market reserves the right to dispose of these, and for which the trader will be required to pay the appropriate storage, waste and administration fees.
The trader must only conduct business from within the perimeter of the allocated stall or space.
Goods and equipment must not be placed on, hung from or attached to the supports, fixtures or roof of the stall or space roof, unless provision has been made, by Whalley Range Market, specifically for the purpose.

Traders shall not erect any canopy other than one approved by Whalley Range Market.

All clips and ties used to secure sheeting must be safe and suitable for the purpose.


Conduct of the Trader
Traders are responsible for their conduct and that of their employees, assistants and agents in relation to these terms and conditions. Contraventions of the terms and conditions by employees, assistants and agents may result in disciplinary action being taken against the trader.
Traders shall at all times conduct their business in an honest, civil and business-like manner, without causing nuisance, obstruction or interference in any way with the general public or with the business of any other trader or retailer, and in compliance with instructions given by Whalley Range Market, authorised officers of Whalley Range Markets or the emergency services.
Traders must comply with all statutory and other legal requirements, both civil and criminal, including notices, orders, restrictions, directions, conditions and bye-laws, in particular those relating to illegal working, Trading Standards terms and conditions, consumer goods and services, traffic terms and conditions and the employment of children.

Traders shall take all reasonable steps to ensure the safety of others, and must have the appropriate risk and fire risk assessments available upon request for inspection by Whalley Range Market or an authorised officer.

Traders and all attending the Market shall observe and comply with the instructions and requirements of Whalley Range Market in securing the proper management of the Market.
Traders are responsible for ensuring that they, their employees, assistants, agents and customers evacuate the market promptly when notified.

During the prescribed trading times, all traders shall have available to display within their stall or space all relevant permits, passes, certificates and other legal documents.

All accidents, disputes, thefts, disorderly conduct, goods lost or found and damage to Whalley Range Market’s property shall be reported to Whalley Range Market as soon as practicable, and in any event before leaving the site.

Nothing contained in these Terms and conditions is to be taken to relieve or excuse the trader, his/her assistants, employees and agents from any existing legal duty. Nothing herein shall be deemed to create the relationship of Landlord and Tenant between Whalley Range Market and the trader.


Pitching
No trader shall use any space for pitching, except where a space has been reserved by Whalley Range Market for this purpose.


Cleaning and Refuse Disposal
Traders must keep the allocated stall or space and its immediate surroundings, including their own facilities, in a clean and tidy condition.

Traders and all attending the Market shall not bring any items or refuse onto the site for disposal or abandonment.

All traders are responsible for ensuring that their refuse is taken on a regular basis to the designated disposal points. Traders must use any waste recycling facilities provided at the market, and must not dispose of food waste in the general waste facilities. Where facilities are not provided, the trader shall remove all refuse from the market area and dispose of legally and responsibly.

Traders refuse must not be deposited in public litter bins.

At the end of the trading times traders must remove all unsold and uncollected items and all trade equipment from the site.

Food traders shall comply with any specific requirements relating to the storage and disposal of waste and the cleaning of premises.


Damage
The use or attachment of anything likely to cause damage to Whalley Range Market’s site, floors, buildings, vehicles, fixtures or fittings is strictly prohibited.

The cost of repairing or making good any damage caused by the trader, his/her employees, assistants, or agents to fixtures and fittings or other market property, shall be charged to the trader unless the trader can prove otherwise.


Fixtures and Fittings
No alterations are to be made to any part of the stall or space without the prior submission of plans to and written approval of Whalley Range Market.


Traders Vehicles
Trader vehicles used on the Market must be legally eligible to drive on the highways, and the driver must be legally eligible and appropriately insured.

Traders and all attending the market must comply with the specified driving restrictions and instructions.

Traders shall remove their vehicles from the public thoroughfares immediately after unloading, and 45 minutes prior to the market start time, unless otherwise authorised by Whalley Range Market.

All traders shall not be permitted to move their vehicles back into the public thoroughfares prior to the prescribed market closing times.

Vehicles must be loaded/unloaded immediately, and not left unattended in the public thoroughfares. The serving of customers is prohibited whilst loading/unloading.

Vehicles shall be parked in the designated parking areas, and must not be parked on loading bays, surrounding roadways, service roads or loading bays.

Access on the market for emergency services must be maintained at all times.


Public Liability Indemnity
All traders shall indemnify Whalley Range Markets from all claims, damage, loss, expenses and costs howsoever caused including, without limitation, those resulting from any explosion, fire, accident or injury to any person or property which may arise as a result of or in connection with the occupation or use of any space by the trader.

All traders shall maintain an insurance policy with a reputable insurer, to a minimum of £5 million cover against third party and public liability, during the term of occupancy or registration with Whalley Range Market. The trader shall confirm that this is in place upon registration and evidence provided to an authorised officer when requested.

All traders shall maintain an insurance policy with a reputable insurer for cover against the damage and loss of their goods, fixtures and fittings, howsoever caused, during the term of occupancy or registration with Whalley Range Market.

All traders employing staff shall maintain an insurance policy with a reputable insurer for cover against employee liability.


Termination
All traders shall comply with the terms and conditions from time to time authorising the use of the part of the relevant Market. Failure to do so may result in termination of the authorised use / agreement under the terms and conditions applying at the relevant time.

Failure to adhere to these terms and conditions may result in termination of a registration or authorisation to trade from any stall or space and may take effect immediately.

Costs incurred by Whalley Range Markets in remedying breaches of any of these Terms and conditions may be recharged to the trader responsible for the breach.


Cancellation Policy - Traders
Cancellation of a stall by a trader:
    • Up to two weeks before event - no charge
    • Two weeks to 7 days before an event - no charge IF we are able to resell your place at the full rate
    • After 7 days before an event - the full stall rental will be charged. If the fee is not paid this may result in cancellation of further bookings
    • Appeals will be considered on a case by case basis by the market directors
    • Cancellation must be done via email only
Any trader who does not attend the market despite paying in advance for their stall will be given “three strikes” whereby after three occurrences of this action we will cancel all future bookings until such time as we are reassured that they will definitely be able to attend their next booking.


Cancellation Policy – Management
If we are forced to cancel a market due to adverse weather or other conditions we will:
Aim to notify all traders by email a minimum of 24 hours before the given event where possible. Special provision will be given to hot food traders or traders who otherwise source fresh ingredients in order to trade – we will aim to give a “warning” of any weather issues under consideration a minimum of 48 hours before the given event where possible.

We will not charge traders fees for their pitch on any cancelled markets
Traders will not be eligible for compensation in the event of cancellation of a market

Where cancellations are due to weather we will be guided by Met Office warnings (for example, a “yellow” warning for wind will be considered sufficient to cancel a market)

Other cancellations (i.e. due to cases of national emergency or force majeure) will be considered on a case by case basis by the directors of the Market

Decisions of cancellation by the directors of the Market are final.