Regulations made by hammersmith & fulham council pursuant to section 27(3) of the london local authorities act 1990 (as amended) prescribing standard conditons applicable to street trading licences.
Definitions
In these Regulations unless the context otherwise requires the following expressions shall have the following meanings:
Street Trading and Temporary Street Trading Licence shall have the meaning ascribed in Section 21(1) of the London Local Authorities Act 1990. The licence will be for a six-month period starting from 1st April and 1st October each year.
The Council means Hammersmith & Fulham Council.
Licenced Street Trader mean any person who is licenced for street trading under Part lll of the London Local Authorities Act 1990.
Advertisement means any work, letter, model, sign, placard, board, notice, whether illuminated or not, in the nature, and employed wholly or partly for the purpose of, advertisement, announcement or direction and includes any hoarding or similar structure or any balloon used, or adapted for the use for the display of advertisements and references to the display of advertisement shall be constructed accordingly.
Assistant means a person employed by and acting under the directions of a trader to assist him/her about the business of the stall and whose name and address has been notified to the Council.
Awning means a sheet of canvas or other materials, used as a protection against the weather, which projects as an extension of the roof beyond the structure of the stall.
Goods means any goods, wares or merchandise for sale at a stall.
Licenced street trading pitch mean a pitch in any street authorised as a place at which street trading may be engaged in by a street trader, and includes any temporary alternative place approved by the Council or a duly authorised officer of the Council.
Pitch limits means the authorised ground markings defining the area within which a street trading stall is to be contained.
Refuse includes any waste material.
Stall means any structure used by a trader for the display of goods, or in connection with his or her business, and which occupies a licenced street trading pitch; and includes all goods offered or to be offered for sale and any additional structure or equipment used a part of the stall or business. On "isolated pitches" this also includes all rubbish created as a result of the business.
Premises means any shop, house or block of flats immediately behind the licenced pitch.
Trader means a person in whose name a current licence is held authorising street trading from a licenced street trading pitch.
General
The grant of a temporary street trading licence shall not be deemed to give any approval or consent which may be needed under any Bye-law, enactment or regulation other than part III of the London Local Authorities Act 1990 (as amended).
These conditions may be dispensed with or modified by the Council in any individual case by means of a licence variation in accordance with the statutory requirements.
Where in these conditions there is reference to the consent or agreement of the council such consent or agreement may be given on such terms and conditions and subject to such restrictions as may be so justified.
If a trader wishes any of the terms of a licence to be varied or the Council's agreement under these rules' application must be made in writing to the Council in accordance with the statutory requirements.
Licences
At the time of the application for a temporary street trading licence the applicant agrees to pay such Monthly or annual charges as the Council may from time to time agree to recover the reasonable costs incurred under Section 32 of the London Local Authorities Act 199 (as amended).
A temporary street trading licence shall cease to have effect only upon being surrounded to the Council by the street trader to which it was granted and in exchange for a receipt in writing.
A temporary licence can only be issued for a period of 6 months or less and is not automatically renewed. If you intend to carry on trading when your licence expires you should apply for a new Temporary licence one month before the expiry date. N.B. Temporary licences are not automatically renewed.
Pitch position
The trader shall trade only from the position, which is indicated on the licence and within any pitch limits marked on the ground, which may be varied at the discretion of the Council.
Traders pitch may be suspended or re-positioned if necessary if access is needed to the square.
Pitch size
The trading area (i.e. the total area occupied by the stall and the stallholder during trading) shall not exceed the dimensions specified on the licence and any pitch limits marked on the ground during trading hours (except during restocking).
All goods, containers or other articles shall be contained within the licenced pitch area and height, and any pitch limits marked on the ground, and shall not project beyond.
Street markets and street trading standard conditions
Only those goods specified on the licence may be sold on the licensed street trading pitch.
Any requests to the Council to change the goods specified on the licence may be made when you apply for your new temporary licence. Any changes must be agreed by the market team and will consider other trader's commodities. A fee not exceeding one week's rental charge, will be made for all requests not received with the new temporary licence application.
Days and times of trading
Trading may take place on the days and during the times specified on the licence.
Traders must be on site by 10am, with their stalls and goods being positioned within the pitch area. If for any reason a licence holder is unable to trade on a day that they would normally trade, they must notify the Council of this immediately and by 10am at the latest. Notification must be by appropriate means e.g. by telephone or email. The council may re-let any pitch that has not been occupied by 10am to a temporary licence holder.
Stalls and goods shall be broken down and made ready to load onto the vehicles. Vehicles must not be parked in the loading bays until the equipment is ready to load, within one hour of the time prescribed on the licence for the end of the trading day.
The licensee must:
- trade in person on the stall for which they are licenced.
- only employ assistants whose details have been given to the Council.
- advise the Council if for any reason they may be absent from the stall on any day that they would normally trade e.g. due to illness. The council may then permit any named assistant to run the stall during this period.
- must provide the council with a doctor's certificate if sickness prevents a licence holder from trading for more than one week.
- should not sublet the pitch for any reason whatsoever.
Payment of pitch fees
Pitch fees should be paid monthly in advance and it is the trader's responsibility to pay on time. Traders will be issued with a list of payments due dates with the new licence.
Traders who persist in making late payments may not be granted a licence when their current licence expires.
Absences
Traders who have more than 2 weeks unauthorised absence within the 6-month licence period may not be granted a new licence when their current temporary licence expires.
Any leave should be booked at least 2 weeks in advance to give the market team time to fill the pitch. Leave booked less than 2 weeks' notice will be classed as unauthorised.
Traders who cannot trade due to ill health must provide a doctor's certificate.
Type of stall
Only 3 x 3 metre gazebos approved by the Council shall be used by traders.
Conduct
Traders and any assistants employed by them shall ensure the public are treated fairly and with courtesy.
Traders shall not harass or discriminate against any person including other traders, market officers and members of the public.
Traders shall give every assistance to council officers in carrying out their duties.
Display of licence plates
Traders shall display the licence plate supplied by the council indicating the licensed pitch number at the front of the stall, so that it is clearly visible to the council officer and members of the public. This plate shall be kept prominently and permanently exhibited on the stall together with the trader's name or business name.
No advertisements shall be displayed on the licensed pitch that relates to any goods, commodities or services other than offered for sale or provided on that pitch.
Traders must display a list of ingredients used in their food if it is not sold pre-packed, such as meals served in a restaurant and food from a takeaway. If you provide non-prepacked foods, you will have to supply allergen information for every item that contains any of the 14 allergens. Please refer to the website www.food.gov.uk where you will find more information on allergens.
Refuse
The trader shall ensure that all refuse arising as a result of the activities of the trader shall be placed in the bags supplied by the council at a cost to the trader. Traders can purchase additional bags from the market team.
Any waste not presented in the agreed white trade bags shall be deemed as fly-tipping and enforcement action will be taken against the licensed trader if identifying evidence is found. Refuse must not be allowed to accumulate within the pitch area.
All waste bags should be presented on Beadon Road. (photograph attached).
Disposal of liquid
All liquid to be taken away with you in suitable containers. Liquid should not be poured down the drains.
Spillages
Traders should ensure their pitch area is cleaned at the end of the day and they should report any spillages to the market team as soon as possible.
Use of plastic
The use of plastic is no longer permitted on the market. Please use biodegradable or reusable products.
Health and safety
All licence holders must ensure that they comply with the requirements of the Health & Safety at Work etc Act 1974 and regulations made thereunder. Similarly, they are reminded of their civil law duty of care to the public. This extends to the provision of safe equipment and articles used in connection with their trading activities.
Heat producing equipment shall be so placed within the trading area as to offer maximum safety to the public. The position of such equipment in relation to other goods or material shall be agreed with the Councils officers.
The escape route to the rear of your stall should always be kept clear to allow safe passage in an emergency. No equipment should be stored in this area.
Services and amenities
The only connection between stalls on the footway and other stalls or premises shall be for the purpose of electric lighting or other agreed services, and any such electrical or other connections shall be readily detachable, and the detailed arrangements agreed with the council.
The licence holder must ensure that they have the appropriate consent from the council in respect of any proposed power supply before they seek installation.
All electrical, including connectors and adaptors, that are used by the stallholder must comply with the Electricity at Work Regulations 1989 and the current edition of the Institute of Electrical Engineers (IEE) Wiring Regulations. Electrical power shall only be used for the purposes of lighting and the operation of electrical scales and tills and the testing of electrical goods. Any conductors that are suspended over the public footway shall have a minimum clearance of 2.6 metres (8'6") from the surface of the carriageway.
Licence holders shall not use electrical generators unless the council has given approval.
They shall also only be positioned so that:
- they do not present a danger to the passing public.
- they do not present a fire or similar hazard risk to stall or goods displayed thereon.
- they do not cause any noise or fume nuisance.
- any inflammable fuel is stored away from the stall in a London Fire and Emergency Planning Authority approved container.
Headroom
The distance above ground level of any part of any roof, awning or supports of the stall or goods suspended from any of these, shall (unless a dispensation has been granted by the council) be at least 2.6m (8'6"). The roof awning or any other projection shall be contained within the pitch area unless agreed by the council.
Removal of stalls
Stalls shall be easily and immediately removable.
Traders and their assistants shall remove the stall and goods for so long as may be necessary in the event of an emergency or in exercise of the council's powers and duties, if required to do so by a police officer or a duly authorised officer of the council.
Trader's vehicles
Traders must abide by any parking restrictions imposed in the area in which they trade. As such, traders' vehicles may only be parked in approved parking spaces such as metered bays.
Traders should use the loading bay on Beadon Road for a maximum of 20 minutes to load and unload. The vehicle should then be removed immediately on completion and before assembling your stall. Please note the loading bay is not solely for the use of the traders and other users may be using this space, so you need to wait until a space becomes free.
Traders should not park in front of the entrance to the Kings Mall service yard. This area should always be kept clear.
Damage and insurance
Traders must not intentionally permit stalls or accessories to cause damage to the carriageway or footway.
Traders shall take out third-party insurance cover with a minimum liability of at least £10 million.
Assistants
Traders shall notify the council in writing of the name of any assistants in advance of when they employ them on the stall; details of any change of assistant or any other relevant information regarding assistants must also be provided within 7 days of that change.
Radios and music
Traders shall not use or permit to be used on the licensed area or within the immediate vicinity any radio, or other equipment or apparatus to produce music or other sounds except within a closed vehicle and at a reasonable volume.
Penalties
Any person found guilty of an offence against any of the foregoing standard conditions shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Covid-19 specific conditions
The food market will continue to open with a reduced number of pitches (up to a maximum of 12 per day). All pitches will be allocated on a rota basis.
Traders will be allocated a regular pitch.
Traders who are allocated a pitch and do not turn up to trade without informing the market team will be suspended from trading.
Traders must be unloaded by 9am, bearing in mind the loading bay restrictions.
Anyone arriving after 9 am may not be allowed to trade unless prior arrangements have been made by contacting the office on 020 8753 3916.
Traders must put up a social distancing screen between themselves and their customers when serving or collecting payments.
Traders should encourage card payments where possible. If cash is handled gloves must be worn and replaced after handling, or hand sanitiser used after handling cash.
All traders must have adequate hand washing facilities i.e. hot water, liquid soap, paper towels and sanitiser (minimum 70%).
Traders must wipe down surfaces with anti-bacterial wipes or sanitising spray (minimum 70%) regularly throughout the day.
All equipment should be kept within the confines of the pitch area including gas bottles and trolleys, anything that cannot fit within the area must be taken away and stored off-site.
Traders to display a sign provided by the council promoting social distancing.
Traders must ensure all waste is placed in the waste sacks and tied securely and placed in the designated collection location on Beadon Road, by the green box.
Traders must ensure that they leave their pitch area clean.
Traders must have carried out a Covid risk assessment.
Traders must brief their staff to ensure that they are aware of the hazards and risks and understand the rules and procedures identified in their risk assessment.