- Market Regulations
Market Regulations | Version 1 | 2023 for all Markets & Events operated by CJ’s Events Warwickshire Limited.
- These Regulations shall apply to the conduct and organisation of all Markets and Events which are managed by CJ's Events Warwickshire Limited.
- Nothing in these Regulations shall be construed as placing an obligation on the Operator to provide a Market on each Market Day. Still, it is agreed that the Operator will endeavour to provide the Market or Event except were prevented from doing so by circumstances beyond its control. To meet this obligation, the Operator may, at its absolute discretion, restrict, re-site or alter the layout of the Market.
- Copies of PLI, Food Hygiene certification Registration with Environmental Health, and Fire risk assessment must be up to date on the trader's online account.
- All Traders must notify The Operator immediately, in writing, of any changes to the details provided in their original application to trade form.
- No Trader is permitted to trade from the Market or Event until their application to trade has been processed and accepted by The Operator. An acceptance email will be sent to a Trader once approved.
- No Trader is permitted to sub-let their stall under any circumstances.
- Traders must have the facility to accept card and contactless payments across all of our markets & events.
Allocation of Stalls
- Any person wishing to obtain a Stall or Pitch must firstly register their business with The Operator via www.cjseventswarwickshire.co.uk/become-a-trader. Once approved the trader can see information online about the Market & Event days, times & rents. Traders can apply through their online account. Applications cannot be made by email, phone, or post.
- The allocation of Stalls or Pitches will be at the absolute discretion of the Operator. The selection will be based upon the range of goods represented on the Market or Event at the time when the Stall or Pitch is to be allocated, the balance of goods represented on the Market or Event at the time when the Stall or Pitch is to be given, and the length of time and how often any Trader interested in the Stall has been trading at the Market or Event.
- So far as is practicable, the Operator will try and accommodate, that Regular Traders are allocated the same Stall or Pitch on each Market or Event Day.
- Each Trader shall accept full responsibility for, and indemnify the Operator against, all claims for personal injury, damage to property, nuisance and any other damage or expenses by whomsoever the claim is made and from whatever cause, arising out of, or in connection with, the use and occupation of the site allotted to him/her. All Traders must be covered by third party insurance, either by the membership of The National Market Traders Federation (under their insurance provision) or by other arrangements. The minimum cover shall be £5,000,000. A copy of the public liability insurance certificate must be provided by the Trader to the Operator before a Stall or Pitch is allocated and will be subject to an annual inspection on their online account.
Attendance at the Market or Event
- Traders will continue to trade from their stall between the advertised opening hours of the Market or Event unless otherwise authorised by the Operator. No trading activity will occur after these times, and the site must be cleared no later than 1 hour after the Market or Event.
- Any Trader who has sold out, is to remain on-site with their stall & promotion still in place until the Market or Event has finished.
- All Trader's vehicles must be removed from the Market or Event Site and/or its approach roads no later than 30 minutes before the start time. No Trader's vehicles will be permitted on the Market or Event Site between the advertised Market or Event opening times. Between these hours vehicles must be parked away within the allocated area from the Market or Event Site to obstruct any highway, other public rights of way or approach to the Market or Event Site.
- Any Trader who is unable to attend a Market or Event is to inform the Duty Manager in writing by emailing email@example.com prior to the Market or Event. If a trader fails to inform us in writing prior to the start time that they are unable to attend, they may be charged an additional £15.00 administration charge for the Operator to chase the trader of their whereabouts. This must be paid as stated on the invoice, and future trading dates will be suspended until this has been paid in full.
- The Operator may issue Gift Vouchers to visitors. Traders are required to accept these, and any money spent with the Vouchers will be reimbursed to the Trader by The Operator within 28 days.
- A 10ft x 4ft Market Stall, with roof & skirt, will be provided at every Market unless an alternative is booked.
- Where possible, the Operator will provide a back sheet.
- No side sheets will be provided at any Market or Event.
- Traders are not permitted to move the Stalls from the set positions. Boards or tables will be provided where required.
- There will be authorised exceptions where it is impracticable to trade from a Stall, and a Trader will be provided with a Pitch. Written authority will be granted by the Operator to the Traders concerned, including authorisation by the Operator as to the method of trading to be used by the Traders.
- All gangways where the public has access between Stalls or Pitches and to the front and rear of Stalls or Pitches must be kept clear at all times.
- Traders will be allocated a Stall or Pitch and must confine their trading activities on the Market or Event Site to these areas. No merchandise or other items belonging to, or associated with a Trader will be placed in any part of a roadway or passage on the Market or Event Site, which is not part of their Stall or Pitch for longer than is reasonably required.
- Additional space can be used, as long as the item is within the canopy boundary. Tables, rails, extensions and any other stands which exceed the canopy boundary are not permitted, unless permission has been granted by the Operator in writing, additional fee’s may also apply if permission is given.
- The Operator provides stalls, and Traders shall take all steps to ensure that the Stall is kept in good condition. If any deliberate damage is caused to the Stall when it is in the Trader's possession, the Trader will be charged for its repair or replacement.
- No Trader shall keep any live animal at their Stall or Pitch except for guide dogs (unless authorised before the Market or Event).
- All facilities on the Market or Event Site belonging to the Operator for the use by Traders shall be used only for the purposes for which they were provided. The cost of the repair of any damage caused to these facilities by a Trader will be recharged to that Trader.
- Traders must not dismantle or remove any Stall or structure from the Market or Event Site. All Stalls are the property of the Operator.
- The stall boards provided are the Operator's property and must be used only for the display of goods for sale and must not be placed on the ground or taken from the Market or Event Site.
- Once a trader has occupied a stall, they shall be responsible for its safe use. Should there be an issue with the integrity/position of the stall board caused by the trader (for example if the trader has lifted the board to tuck in a cover sheet), it shall be the responsibility of the trader and not the operator.
- Traders will be responsible for making good to the satisfaction of the Operator any damage which they may cause to the Operator's property during their occupancy of a Stall or Pitch.
- No trader shall use extension bars, PVC or tarpaulin sheets unless the Operator has granted written authority.
- Market or Events that operate for more than 1 day, overnight security may be provided, however, the Operator highly recommends that traders leave nothing of high value on-site. The Operator will not take responsibility for any theft or damage of any trader's stock or damage or theft to own units.
- If a trader has been approved for a Market or Event, regardless of the location allocated to you, will not be guaranteed a high level of sales. The trader must take responsibility for the display, quality of the goods, and attitude towards customers, the Operator & market staff, and fellow traders at all times.
- The Operator cannot guarantee your requested location as they have to ensure they keep product duplication to a minimum throughout the Market or Event area.
Market Electrical Supplies
- The Operator, where possible, shall supply temporary lighting to the Markets & Events between the third week in October and the last week in March. No other form of lighting will be used on the market. An additional charge can be implemented with 2 weeks' notice by the Operator.
- Where Traders are required to use electrical ancillary equipment due to legal requirements, the Trader must provide to the Operator proof that their equipment has been checked by a qualified electrician every 6 months (PAT tested). No other equipment will be permitted.
- A fee will be chargeable for power as outlined in your application. This must be paid in advance of the Market or Event.
- The Operator may require a breakdown of what Traders are intending to use the power for and the wattage required. Domestic appliances such as heaters, kettles, etc will overload the power supply and are strictly forbidden on all Markets & Events.
- Any Trader using unauthorised equipment, including lighting, will have that equipment disconnected and may face immediate removal from the Market.
- Traders are not permitted to use their own generators unless permitted by The Operator. If permission is granted, the Generator guidelines set out by The Operator must be followed.
- Where the Operator is providing power unexpected generator issues can occur. Traders are asked to be patient with our Operations Team if these circumstances arise. The Operator will not be liable for any loss of earnings or compensation for the period during the loss of power.
- Where power is to be provided at a market or event the operator will endeavour to have your pre-approved connection live within 30 minutes prior to the start of the market or event.
- Where power and/or lighting is provided by the operator at a market or event, it will be disconnected no later than 45 minutes after the stated end time of the market or event.
Cancellation/Consolidation of Market & Events/Severe Weather Policy
- The Operator is not responsible for adverse weather conditions. If any Market or Event is forced to finish earlier than expected due to inclement weather, the Operator will not be liable for any refund or transfers to traders.
- The Operator may under the Management of Markets & Events in Severe Weather Policy (available on request) cancel or close the Market or Event in its entirety, or close down certain areas of the Market or Event and consolidate Stalls or Pitches in a place of the town centre as designated by the Operator at the time. The Operator will not be liable for any refund. At the absolute discretion of The Operator, they may issue a transfer to the next market. This transfer must only be used at the same Market or Event as the original booking and must be used within a 2-month period for weekly or monthly Markets or Events, or a 1-year period for special one-off Markets or Events. The Operator will arrange a new date, if the trader is not able to attend the new date, trading fees will be lost.
- The Operator will not be liable for any loss of earnings or compensation to any trader if a Market or Event is cancelled for whatever reason.
- If the Operator cancels the market, no trader is permitted to trade, even if traders have their own way of trading.
General Cancellation of Markets and Events by the Operator
- The Operator cannot be held responsible if an event is cancelled beyond The Operators control. This may be due to a National Event which can cover, but not limited to a royal death or a pandemic. The Operator will not be liable for any refund or transfers to traders.
Tidiness of the Market
- Traders are to take all refuse and/or litter home with them. If waste and/or litter is left under or around a Stall or Pitch at the end of a Market or Event Day, the Trader who occupied that Stall or Pitch may be given a Penalty Notice and a fine for removal.
- Traders must not deposit trade waste in public or council bins. A Penalty Notice and a fine for removal can be issued to the trader by the Operator.
- Any trader found attempting to dispose of rubbish/refuse from home or another market, will be (depending on the severity of misconduct) either issued with a penalty notice under section 12 or issued with a fine.
Range of Goods
- A Trader must not make any material change in the class of goods sold as indicated in their registration document without obtaining the Operator's prior written consent. Approval will only be given if the balance of the market is not directly affected or there is an opportunity available through a stall vacancy to offer the range of goods previously sold at a vacant stall.
- The Operator cannot provide any guarantee that Traders selling similar goods will not be adjacent to or in the same vicinity of each other. However, every effort will be made to avoid this.
- The Operator does not offer trade line exclusivity on any Market or Event. Anti-competitive behaviour is prohibited under Chapters I and II of the Competition Act 1998, therefore the Operator must comply with this law and strike a balance.
Fees and Charges
- All fees are non-refundable once paid.
- Charges for the use of Stalls and Pitches shall be fixed and reviewed annually by the Operator. For local authority Markets and Events, this is set by the local authority and reviewed annually.
- All fees shall be payable before attendance on the selected Market Day, as stated when applying for Markets or Events. Traders can make payments through their online account at www.cjseventswarwickshire.co.uk by debit or credit card.
- Trader's bookings are not confirmed until payment has been made. The Operator has the right to withdraw unpaid applications at any time.
- The Operator cannot hold applications without payment.
- Payments must be made by the invoice due date, which will be stated upon booking. If this deadline is missed, your application may be rejected.
- Cash, BACS, or cheque payments are not permitted.
- Any Trader failing to meet their obligations within the required payment arrangements and accruing arrears will not be permitted to continue trading on any Market until their account is brought fully up to date and receipts are produced as evidence of payment.
- At the discretion of the Operator, an administration charge of £15.00 is chargeable, if any trader needs to amend their approved booking. For example – requiring additional space/stalls, power requirements etc.
- The Operator may, at their discretion allow a trader to transfer their fee from one Market/Event to another if they request to do so, no later than seven days prior to the Market/Event for which they have paid. Cancellations after this time, will result in the trader’s fee being lost.
- Fee transfer requests from one Market/Event to another will be granted at the operator’s discretion. If approved, an admin fee of £15 will be charged to the trader. If the fee at the secondary Market/Event is greater than the original booking, the additional monies must be paid at the time of paying the transfer fee. Should the fee at the secondary Market/Event be less than the original booking, the additional monies will be non-refundable. The administration fee will be payable in either instance.
- Pitch fees may only be transferred once.
- Should a trader fail to arrive at their booked Market/Event, their fee will be lost.
- Any Trader who is suspended from trading for whatever reason will lose their fees for any future approved bookings. These will not be refunded or carried forward. The Operator will also not be liable for any compensation for loss of earnings.
- The Operator reserves the right, from time to time, to run special trading promotional offers on Markets & Events. These Offers may include, but are not limited to, price promotions. In the event of a Special Offer, additional terms and conditions may apply which will be made available at the time of booking. These Special Offers would not be available to any Trader who has already has a pending or approved application for that Market or Event on the system.
- Trades must respond co-operatively to any direction given by the Office or Market or Event Manager in relation to the operation and occupation of their stall, equipment, goods and vehicle during operating times and any direction of a security or safety nature.
- A Trader and any persons employed by them shall conduct business in an orderly manner and shall not ring any bell, blow any horn, play any radio, use amplifying equipment or use any other noisy instrument to attract the attention or custom of any person. Product promotion by shouting is also not permitted. Where amplification is required to conduct business, this shall be permitted at the discretion of the Operator.
- A Trader and any persons employed by them shall not engage in conduct which causes or is likely to cause nuisance, harassment, alarm or distress to others nor incite or encourage others to act in such a manner.
- Traders must not act in a verbally or physically abusive, dangerous, or disruptive manner. Any such behaviour will not be tolerated and will result in termination from the attended market with immediate effect and any other CJ's Events Warwickshire Limited's Market or Event.
- The sale or display of any items or products that, in the Operator's opinion, are likely to cause public offence or pose a threat to public safety will not be permitted.
- Traders must drive within the Market or Event area at a safe speed that is no greater than 5MPH, and with their hazard lights on.
- Smoking or vaping is not permitted behind any stall.
- Traders who wish to complain after a Market or Event should submit this no more than 2 days after the Market or Event in writing to firstname.lastname@example.org. Official complaints cannot be made over the phone. Any complaints received after this period can be dismissed and no further action will be taken.
- Traders who contravene any of these Regulations will be issued with a Penalty Notice except when the Regulations provide for another remedy such as suspension or immediate exclusion.
- The Operator may inspect any trader, at any time, during the Market or Event Day and issue a Penalty Notice for any contravention of the Regulations. A Penalty Notice may be given for any repeated contravention committed on the same Market or Event Day.
- Each Market or Event Day will be administered individually. Any contravention will be applied for that particular Market or Event Day and shall not prevent further Penalty Notices being served for infringements on consequential Market or Event Days except in the case of serious misconduct.
- The following scheme will operate upon the issue of Penalty Notices:-
- Receipt of three Penalty Notices within any 12-month period will result in First Suspension Notice being issued and a suspension for two Market or Event Days. Rent will be payable for the Market or Event Days from which the Trader is suspended.
- Receipt of a further Penalty Notice within 3 months of having received a First Suspension Notice will result in a Second Suspension Notice being issued and a suspension for four Market or Event Days. Rent will be payable for the Market or Event Days from which the Trader is suspended.
- Receipt of a further Penalty Notice within 3 months of the second suspension will result in an Exclusion Notice being issued.
- A Trader who receives a Second Suspension Notice or an Exclusion Notice may appeal against their suspension within 3 working days of the receipt of either Notice. At the discretion of the Operator, the Trader may continue to trade at the Market or Event until the determination of the appeal.
- Any Trader who commits serious misconduct will be liable to immediate exclusion from all Markets or Events.
- The following are including but not limited to examples of Serious Misconduct:
- Bullying, intimidation or the threat or use of violence
- Sexist, racist, foul, threatening or abusive language
- Acts of dishonesty such as Police enquiries against any trader which results in legal proceedings or immediate removal.
- Acts of indecency.
- Any deliberate act causing, or likely to cause, death or personal injury to a person.
- Acts bringing the Market or Event into disrepute such as fighting, selling defective or fake goods.
- Obscene and abusive language.
- Verbally or physically abusive, dangerous, or disruptive manner.
- Illegal trading.
- Breach of COVID-19 Trading Regulations.
- No insurance cover
- Persistent failure to pay Market rent on time.
- Trading from any stall, trailer or vehicle when the Market or Event is cancelled.
- Selling replica firearms or offensive weapons of any kind.
- Traders and their employees shall not sell solvents, cleaning fluids, lighter fuels or any other such substances to persons under 18 years of age.
- Failure to adhere to legislation that applies to Trading Standards, Food Hygiene Regulations and Health and Safety requirements.
- A Trader is licensed to sell alcohol, not to sell alcohol to persons under 18 years of age.
- Traders may appeal in writing through our Complaints Procedure, against any exclusion or suspension within 3 days of the receipt of the notice. https://www.cjseventswarwickshire.co.uk/complaints
- A hearing for any appeal will be heard within 21 days. A Trader may present his/her case or be represented. In any event, a director or authorised representative will give their decision in writing.
- The Trader may further appeal in writing within 7 working days of receiving the decision letter, this will be sent to another Director or authorised representative will give their decision in writing.
- The decision of the Appeal shall be final and binding except on the point of law.
- At the discretion of the Operator, a Trader may be allowed to continue to trade pending the appeal's outcome unless he/she shall withdraw his/her appeal.
- The decision of the Appeal shall be limited to one of the three following outcomes:
- Allow the stallholder appeal; or
- Suspend the stallholder preventing trading for a period not exceeding 3 months or
- Such a period as was set out in the Notice of Suspension whichever is the lesser; or
- Terminate the stallholder's right to trade on any of the Authorities Markets.
- Traders conducting from any Stall or Pitch a food business as defined by The Food Safety Act 1990 and any subsequent and amended legislation shall comply with such legislation and any amendments to the Operator's Environmental Health Officer's satisfaction.
- All Traders conducting a food business from a vehicle or trailer must be registered with their local enforcing authority's environmental health department and may be requested to complete a 'Permit to Trade form' for the local authority which the market falls under. Traders must provide the name of the local authority they are registered with at the time of application.
- Traders wishing to sell alcohol from any Stall or Pitch may need to obtain a Temporary Event Notice (TEN) for all alcohol sales as required by the Licensing Act 2003. This will be stated in the Event Application process if needed. A minimum notice of 10 working days is required for each application. Warwick is licensed for Alcohol activities during the Markets & Events operating times.
- Traders wishing to sell Lottery tickets or offer a raffle MUST contact the local authority Licensing Department for advice before any such sales regarding their obligations and responsibilities under The Gambling Act 2005.
- Traders shall comply with all statutory and other provisions, including Trading Standards. Consumer Protection and Health and Safety at Work Act requirements.
- Traders shall ensure that all staff employed by them are legally entitled to undertake such work, either by age, qualification, or residency.
- Traders will fully comply with all regulations and general laws which affect the conduct of their business.
General Operating Procedures
- Any complaints concerning the general operation of the Market should be raised with the Market Co-ordinator.
- Before any proposed procedural or operational changes which affect all Traders, the Operator shall publish a consultation circular to which all Traders are entitled to respond.
- The Operator may amend these Regulations at any time.
- A Single Stall or Pitch can be made available by the Operator for charities. However, it will be charged at the standard rate of that Market. This may be reduced at the sole discretion of the Operator.
- Any Traders property which has been left after a Market or Event will be held for 7 days, after this period, it’s ownership will be deemed to have been relinquished.