1. Definitions

‘The market operator’ means MSD Markets Ltd, also called ‘we’ in these terms and conditions.

• ‘Stall’ means any structure you use to display goods or in connection with your business, which occupies a licensed street trading pitch. ‘Stall’ includes all goods offered or to be offered for sale in any additional structure or equipment used as part of the stall or business.
• ‘Receptacle’ includes s vehicle or stall or any other thing that is used (whether or not made or adapted for such use) to contain or display anything used in street trading.
• ‘Assistant’ means a person acting under your direction or with your implied authority for your benefit, whether or not you employ them and regardless of whether they receive payment, gain or reward for doing so.
• ‘Awning’ means a sheet if canvas or other material, used as protection against the weather, whether or not it projects as an extension of the roof beyond the structure of the stall.
• ‘Refuse’ includes any waste material.
• ‘High-risk food’ means food that will rapidly deteriorate in quality or pose a health hazard (or both) when incorrectly stored or displayed. ‘High-risk food (non-packed)’ includes all perishable foods that are stored, prepared, displayed or sold without individual wrapping or sealing and includes food for sale from catering stalls. ‘High-risk food (prepared)’ includes all perishable foods that are stored, displayed or sold fully wrapped or sealed where the wrapping or sealing does not take place at the stall.
• ‘Low-risk food’ includes all fresh fruit and vegetables, canned or dried foods and packaged food with an extended shelf life.
• ‘Goods’ mean any article, thing or service, whether tangible or not, offered for sale or exposed, displayed or advertised at the pitch.
• ‘Pitch limits’ means the authorized ground markings defining the area within which a street-trading stall is to be contained.
• ‘Stall card’ means a laminated card supplied by the market operator showing your photograph, name, pitch number and types of goods specified on the license, with the current address and telephone number of the market operator.
• ‘Sell’ includes offering or exposing for sale and possession for the purposes of selling.

2. In these conditions:

• Words such as ‘he’ and ‘him’ include ‘she’ and ‘her’ and vice versa;
• Words in the singular include the plural and vice versa.

3. General

• You (the license holder) must at all times comply with these conditions. If you break any of the conditions of a market trading license, you are guilty of an offence and your license may become invalid.
• We operate a penalty points system for monitoring breaches of these conditions by license holders. Full details of how this system operates are shown in appendix 1.
• You should not regard the grant of a market trading license as giving any approval or consent that you may need under any act, regulation or bye-law, apart from Part III of the Food Act 1984.
• We may vary, modify or dispense with these conditions in any individual case by using a license variation in accordance with the law.
• If you wish any of the terms of a license to be varied, you must apply in writing to us in accordance to the law.

List of Times of Trade

Monday           7am to 5pm
Tuesday           7am to 5pm
Wednesday     7am to 5pm
Thursday         7am to 5pm
Friday               7am to 5pm

 

A licensed trader or his assistant must not begin to set up his receptacle more than 30 minutes before the time for start of trading specified above. The licensed trader or his assistant must remove the receptacle and goods within 45 minutes of the expiry time for trading specified in the license.

A licensed trader must confirm the trading days of their desired location with the market operator as all sites have their own respective trading days.

4. The License Holder

• You (the license holder) must pay all fees and charges due to us in connection with the street trading license before starting to trade.
• You must take out third-party public liability insurance cover with a liability of at least £5 million. You must provide satisfactory evidence of this insurance on request. We will not grant or renew a license without it.
• You must show your national insurance number and satisfactory evidence that the number given was issued to you. Temporary national insurance numbers are not acceptable.
• You must control what happens in your business and ensure that the public, other traders and officers of the market operator are treated fairly and courteously at all times.
• You or your assistant must immediately remove your stall and goods for as long as may be necessary if asked to do so by any authorized officer of the market operator, officer of the local council, or a police officer, in an emergency, or as required under the council’s powers and duties.
• At all times you must legibly and prominently display on your receptacle the stall card we have provided showing your name, photograph, commodity sold, license holder number.
• You must immediately remove from your stall any goods that an authorized officer of the market operator, officer of the local council or a police officer deems to be offensive, dangerous, pornographic or deems to breach any legislation.

5. Display and Sale of Goods

• All goods, containers, fixtures etc. must be contained within the pitch area and height and must not project beyond.
• You must not hang or let anyone else hang articles from an awning so as to reduce the headroom to less than 2.43m (8 feet) outside the permitted pitch area.
• You must not place or let anyone else place any goods container or receptacle at a height or less than 45.68cm (1 foot 6 inches) from the ground.
• You must satisfy yourself that all goods, including second-hand goods are correctly described, are fit for purpose and are of satisfactory quality. A notice in writing must clearly state if goods are being offered as seconds, soiled or damaged.
• If you are involved in storing, preparing or offering for sale high-risk food and low-risk food, you must comply with food safety legislation.
• You must not sell or offer for sale any foods that do not comply with relevant food labelling or packaging regulations.
• Immediately next to your stall, you may have a container provided solely for the collection of refuse. It must not obstruct the gangway between stalls or any other passageway or supply route for services.
• You may sell goods only in accordance with relevant trading standards legislation. This includes the following:

Weight and measures

Goods sold by weight or measure must be sold by reference to the metric system.

Weighing or measuring equipment used for trade must be calibrated and marked in metric quantities.

Weighing and measuring of goods must be carried out in front of the customer so that they can see what the scales or measuring equipment shows.

Safety

Goods must be safe and comply with any product safety regulations.

• • Advertisements must not be displayed on the licensed pitch for any other goods, commodities or services except for those offered for sale or provided on that pitch, unless otherwise agreed by the market operator.
  • You must not mislead the public about their legal rights, either orally or by displaying signs such as ‘no refunds given’.
  • You must not sell any goods that infringe trade mark legislation or intellectual property rights, e.g. counterfeit goods or illegal copies of CDs, DVDs and other copyright material.
  • You must not sell any BB gun, air gun or replica gun.
  • For health and safety and consumer protection reasons that no electrical goods be sold under a temporary license.

6. Refuse

• You or your assistant must put all refuse arising from your business in suitable containers that you or we supply. The containers must be kept exclusively for that purpose and must be removed or emptied from time to time as necessary into a vehicle or container provided for that purpose.
• You or your assistant must ensure that all wastewater is collected in a secure container and discharged in a way that does not cause a nuisance.
• You and your assistant must give every assistance to any contractor employed in refuse or cleaning services.
• Any arrangements we make to clean street-trading areas do not take away the responsibilities of you or your assistants under the Environmental Protection Act 1990 (or any subsequent or superseding legislation).

 

By registering with MSD you confirm that you have read and understand these terms and agree to them in full.

By accepting these terms and conditions you are also agreeing to MSD Markets Ltd using the information you have provided to communicate with you by post, email and telephone for administrative and marketing purposes.