Management Regulations

1.0 Compliance with regulations

1.1 These regulations should be read in conjunction with the trader’s occupational agreement. They have been devised to be in the best interests of all traders and shoppers and will be enforced as such.  Attendance on the market is deemed to be an acceptance of these regulations. In this document the terms “trader”, “stallholder” and “retailer” are interchangeable. In return for compliance with the regulations and the terms of their occupation agreement all stallholders shall be treated with courtesy by management, given active support and encouragement to develop their businesses, and benefit from the promotion of the market and the Shopping Centre as a whole.

1.2 All stallholders shall be entitled to the benefit of these regulations and their enforcement.  

1.3  Stallholders shall ascertain and comply with all statutory legislation pertaining to their business, including any local byelaws, Health & Safety at Work etc Act, employment legislation and food hygiene legislation. Stallholders shall ensure all their staff, servants and agents acting upon their behalf comply with same. Relevant details are available from the market management.

1.4 Stallholders shall comply with any additional regulations or operating procedures properly issued by the management from time to time including inter alia any fresh food operating guide, service yard management regulations, shoppers’ charter and/or service level agreement and Health & Safety guide issued by the management.

1.5 In the event of conflict between the Market Regulations and the occupational agreement the latter shall prevail. These regulations shall apply to every stall except where otherwise stated.

1.6 The markets manager reserves the right to properly waive, alter or add to the management regulations at any time in the interests of good estate management and the market as a whole.

1.7 In the event of persistent non-compliance the markets manger reserves the right to terminate the occupational agreement.

2.0 Evidence of identity

2.1 All stallholders shall provide evidence 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). Comparable information shall be provided for any manager appointed to run a stall. Original documents must be provided.

2.2 Copies will be kept for management records only and will not be divulged to any third party.

3.0 Requirement for insurances

3.1 Stallholders 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. A copy of the stallholders’ current public liability insurance certificate shall be supplied to the management. 

3.2 Stallholders are advised that membership of the National Market Traders Federation may provide such insurance cover at preferential rates although the management does not require stallholders to be a member of the federation. Details of other insurers may be available from the market manager. A notice confirming the stallholder’s current insurances shall be prominently displayed on each stall.

3.3 Responsibility for all stock, personal effects, fixtures and fittings shall lie with the stallholder and the landlords accept no responsibility for liability in the event of any claim for the above. Stallholders are recommended to obtain adequate insurance to cover against theft, fire, damage etc.

3.4 Stallholders shall not do or allow to be done any act that might render the landlords insurances void or voidable.

4.0 Hours for access, trading hours and Sunday trading

4.1 Access for stallholders to the market hall outside of normal trading hours shall be controlled by the market manager.

4.2 Access for the public will be during all advertised opening hours for each trading day, and for the time being shall be 09-00 to 17-30 Monday to Saturday inclusive.

4.3 The market will be closed on New Years day, Good Friday, Christmas Day and Boxing Day

4.4 The Market will trade on the four Sundays immediately prior to Christmas and other days or times as properly agreed between the Markets Manager, Mall Management and traders representatives, in order to reflect a change in public shopping patterns.

4.5 Stallholders shall ensure their stalls are stocked, staffed, presented in a clean and tidy manner and open for trade with a proper display during all advertised opening hours & days.

5.0 Permitted product lines

5.1 Stallholders shall restrict their products to the permitted product sales identified within their occupational agreement. Should a stallholder wish to introduce a new line then he should apply to the market manager for a variation which the market manager may grant, at his absolute discretion.

5.2 A separate user-mix policy statement is available that outlines the procedure for changing into a new permitted use.

5.3 Disputes over permitted lines shall be advised to the market manager who will adjudicate. Stallholders in breach will be formally notified and the management reserves the right to terminate the occupational agreement in the event of persistent non-compliance.

5.4 No live animals or birds shall be brought into the market.

6.0 Payment of rent, tolls and/or charges

6.1 Stallholders shall pay all lease rents or licence fees in accordance with their occupational agreement by direct debit to the landlords nominated bank account, together with all and any VAT due upon same.

6.2 The charges shall be as stipulated in the occupational agreement and comprise the occupational rent or fee, plus the estimated annual service charge contribution calculated in accordance with the occupational agreement. The service charge contribution shall be reconciled and adjusted at the end of each accounting year in accordance with the occupational agreement.

6.3 The stallholder shall reimburse to the landlords within 14 days of demand any charges discharged by the management in respect of all or any electricity, water and/or gas supplies etc. specific to their stall. Service agreements entered into by the stallholder shall be discharged directly to the supplier.

6.4 Business rates laibility shall be discharged directly by the stallholder.

6.5 Late payment shall attract interest at 5% over then-current base rate, and failure to pay within 28 days of the due date shall be deemed a breach of the occupational agreement and constitute grounds for forfeiture.

7.0 Extent of demise

7.1 The stallholder shall conduct his business from within the demise as defined in his occupational agreement and not from beyond its boundaries. The stall holder is not to place or display goods outside the unit or to cause goods to protrude above the roof line of the Unit

8.0 Fitting out

8.1 Immediately on the grant of this occupancy traders are to fit out the stall or unit in accordance with plans and specifications supplied to and approved in writing by the market manager. Such approved fitting out works to be in accordance with the stall fitting out guide as issued from time to time and to be completed within 21 days from date of the written notice of approval of the markets manager being given.

8.2 No alteration to the stall or unit or services supplying the same shall be made except with the prior written consent of the markets manager (which consent shall not be unreasonably withheld). Such alterations to be in accordance with the stall shop fitting guide as issued from time to time. The works to be carried out to avoid disruption to the normal retailing operations of other traders within the market. Any such approved works shall only to be carried out by competent trades persons. Any electrical works shall only be carried out by an ECA or NICEIC registered contractor, such works to be certified and a copy of the certificate to be provided to the markets manager

8.3 Traders shall not erect set up or use any machinery or equipment in the stall or unit except for that normally used in connection with the permitted user of the unit, nor to do or bring in or upon the unit anything which may throw on any structure any weight or strain in excess of that which such structure shall be calculated to bear with due margin for safety.

8.4 Traders shall immediately make good any damage caused to the unit or the market by reason of any breach of Clause 8.3

8.5 Traders shall ensure their stall remains in good order and condition and shall remain responsible for its repair and maintenance. In addition the stallholder is to prepare and paint in a proper and workmanlike manner all the parts of the unit usually or properly to be painted as often as shall be reasonably necessary and at least in every fifth year of the Term and also in the last six months of the Term (howsoever determined) to a colour scheme first approved by the markets manager.

8.6 Traders shall make good any damage caused to the unit or stall by the removal of any stallholders’ fixtures and fittings.

9.0 Signage

9.1 Stallholders shall clearly display on their stall|(s) a sign indicating their name and business address in clearly legible letters no less than 50mm high together with an A4 size laminated notice showing their trading name and stall number. 

10. Deliveries

Traders or persons making deliveries or collections on their behalf shall comply with the Service Yard regulations.

No vehicle shall be parked in the loading bay area except for loading and unloading purposes.

Access to the service yard will be from 06-00 to 19-00 each regular trading day.

Access times for non-regular trading days to be advised

Any vehicle entering the loading bay must be insured, taxed, roadworthy and have a valid MOT certificate (if appropriate). Vehicle engines shall be switched off whilst using the loading bay.

The drivers of vehicles in the loading bay shall comply with all directions of the market manager and/or centre manager forthwith. From time to time access may be restricted for reasons of safety or to alleviate congestion.

Traders and their agents are not to use public entrances to the market for deliveries to the stall without the permission of the market manager.  

11. Emergency Procedures

Fire Evacuation Procedures (to add)

Stallholders shall familiarise themselves with the market fire alarm and emergency evacuation procedures and ensure their staff are likewise instructed. Stallholders shall comply with all practice drills and ensure all aisles and escape routes are kept clear of stock and obstructions at all times. Stallholders shall not interfere with or obscure any fire detection devices, sprinkler heads or escape doors.

No flammable liquid, bottled gases, explosives, firearms, fireworks, flammable materials or noxious or potentially hazardous materials or substances shall be brought into the market except with the express prior consent of the market manager and at his absolute discretion, which permission may be withdrawn at any time. Any direction from the market manager to remove such items shall be complied with forthwith.

 No naked lights or cooking appliances shall be brought into or operated within the market except with the express prior consent of the market manager and at his absolute discretion, which permission may be withdrawn at any time. Any direction from the market manager to remove such items shall be complied with forthwith.

12.0 Conduct

12.1 Stallholders shall be polite and courteous to all members of the public, management staff and other stallholders at all times. Stallholders shall not use or allow to be used any part of the stall so as to cause annoyance, nuisance or inconvenience to the occupiers of other stalls or users of the market.

12.2 Stallholders shall comply with the requirements of the Shoppers Charter operated by the management.

12.3 Stallholders shall be neatly dressed and well presented.

12.4 Music or musical instruments shall not be played except at the absolute discretion of the market manager, whose consent may be withdrawn at any time.

12.5 Not to erect or affix to the unit any aerial or other apparatus for the reception or transmission of television or radio and not to use any radio or television reception apparatus in such a manner as shall in the market manager's reasonable opinion become or be a nuisance annoyance or disturbance to other tenants or occupiers or shopping public in the market.

12.6 Stallholders shall not display any product or literature that in the opinion of the market manager is offensive or obscene or of a political nature or is likely to cause offence or may be detrimental to the overall management or trading position of the overall market. Any direction to remove same shall be complied with forthwith.

12.7 Stallholders and their staff shall take reasonable and proper care in the use of all communal fittings apparatus and facilities, including preparation room(s), loading bays(s) refuse disposal facilities, locker rooms, toilets and washandbasins and leave them clean and tidy after use.

12.8 The cleaving or boning out of meat must not at any time take place in the aisles.

12.9 Not to place or leave anything (including trolleys & barrows provided by the markets manager or stallholders) in the market common parts.

12.10 No trucks, barrows or other forms of carriage shall be permitted in the public aisles between the hours of 9-00am and 17-30 pm.

12.11 After close of trading all stalls shall be thoroughly cleansed and any perishable stock shall be removed from open display into refrigerated overnight storage, or otherwise protected against contamination.

12.12 Cleaners employed by markets management are responsible for cleaning the common areas. Trader’s assistance in bringing the cleaners or market management’s attention to spillages and any untidy areas would be appreciated to ensure that the market is always clean & safe for its users.

12.13 Traders and their staff should not ignore skylarking or other unacceptable behaviour and should not hesitate to contact markets management to alert them of the situation.

12.14 Markets management have a contract for the control vermin with a suitability licensed contractor. In order to ensure that the market remains free of vermin traders must ensure that when their stall is closed for retailing all food stuffs are stored in rodent proof containers. Non-food stalls should ensure adequate rotation and movement of stock to ensure that their stalls are not used as a nest site. 

13.0 Waste Disposals

13.1 Stallholders shall store refuse and waste in an appropriate and hygienic container within their stall during trading hours and remove same to the communal refuse disposal point only after close of trading unless written authority is received from the market manager to make other arrangements.

13.2 Traders shall make their own proper arrnagements for the disposal of animal by products and other specified animal wastes as required by the Animal By-Product Regulations  

13.3 All wastes shall be segregated into the appropriate containers as supplied by the management. Clean cardboard waste and any other material as specified by the management shall be deposited in the appropriate container for recycling by the management.

13.4 Nothing must be allowed into the drainage system that may cause damage or blockage to the system 

13.5 Care must be taken not to drop any waste material in the aisle, service areas, and corridors or on staircases. Spillages must be cleared up immediately.

14. Useful contacts

• Market management office – 01254 52911
• Centre management office – n/a
• Centre security and CCTV office n/a
• Environmental Health and Food Safety Officer – n/a
• Trading standards officer – n/a
• National Market Traders Federation – n/a