Rules & Regulations

All tenants/licensees shall ensure the full compliance of all market rules and regulations as listed below:

1. Payment of Fees
2. Market Hours
3. Non-Occupation of the stall
4. Transfer of Stalls and Sub-Letting
5. The Employment of Young Persons
6. Conduct of Traders
7. Conditions relating to use of Stalls
8. Conditions relating to use of stalls
9. General Provisions
10. Notice to terminate or suspend
11. Retail Market – Casual System

1. Payment of Fees

1.1. All tolls and charges for the use of stall, as approved from time to time by the Regenerations and Culture committee, are to be paid each market day on demand to the Market Officer appointed for the purpose of receiving the same. Leicester Retail

1.2. All outstanding refunds the City Council initiates to the customer via the Shopping Charter shall be made payable on demand to the Market Officer. Leicester Retail / Market Centre

2. Market Hours

2.2. The licensee must not bring any goods into the market or Market Place prior to 0500 hours, nor allow any goods to remain in the market or Market Place prior to 0500 hours, nor allow any goods to remain in the market or Market Place after 1845 or at such times as the Markets Manager may from time to time determine. Leicester Retail

Skips or boxes will not be accepted for storage in the market after 1800 hours on a Monday or after 1900 hours on a Tuesday to Saturday (inclusive). Leicester Retail / Market Centre

If the licensee fails to occupy the stall by 0900 hours on any day, the Markets Manager or his authorised representative may offer the use of the stall for the day casually to another trader, in accordance with the provisions for allocating casual stalls. Leicester Retail

The Markets Manager may, in his absolute discretion, cancel the market on any given day and the Council shall not be liable for any loss incurred as a result of the cancellation. Leicester Retail / Market Centre

2.1. Trading hours shall be from 0700 to 1800 hours on each market day or during such times as the Markets Manager may from time to time determine. Leicester Retail / Market Centre
3. Non-Occupation of the stall

3.1. Non-occupation of the stall for reasons other than certified sickness must not exceed nine market days in any calendar year, except in exceptional circumstances and with prior approval of the Markets Manger. Leicester Retail

During the first six market days of any personal absences the licensee shall indemnify the Council for the difference between the tendered fee and the basic stall fee only, subject to the licensee giving the council fourteen days notice in writing of the intended absence. In all other cases other than certified sickness, the full rent shall be due. Leicester Retail

The licensee shall be allowed absences for certified sickness for a period not exceeding six occasions in any one calendar year. All absences due to illness must be covered by a doctor’s certificate or Letter. Leicester Retail

4. Transfer of Stalls and Sub-Letting

The sub-letting of this stall is strictly forbidden. All goods sold or offered for sale must be the sole property of the licensee/tenant. Any breach of this sub-section will result in the license/lease of occupation being terminated forthwith. Leicester Retail / Market Centre

Any person using this stall shall on request by the Market Manager or his assistant, furnish proof as his right to trade from the stall and shall, on request, furnish proof as to the ownership of any goods being sold or displayed for sale. Leicester Retail / Market Centre

Once the licensee has held this license for at least ten continuous years, the licensee shall be allowed to transfer the license in accordance with the conditions outlined below, and subject to the approval of the council. The date at which this license commences for the purpose of this Sub-section, is the official date of commencement as shown above. Leicester Retail

Such transfer will only be allowed if the licensee’s entire market holding is eligible to be transferred and the licensee arranges for the entire market holding to be so transferred. Licensees may qualify for this regulation by terminating the occupation of any stall, which are not eligible for transfer. Leicester Retail

The transfer of the license shall only be allowed on the grounds of ill health or retirement. In respect of ill health, the application must be supported by a letter from a qualified medical practitioner and the council reserves the right to require an independent medical, at the licensee’s expense to be undertaken by a medical practitioner nominated by the council. In respect of retirement, the licensee must have attained the age of fifty-five, proof of which will be required in the form of a birth certificate. Leicester Retail

Any licensee who so transfers their market undertaking shall not be allowed to trade, either permanently or casually, on any of the council’s markets from the date of transfer for a period of five years. Leicester Retail

No change in the class of goods to be sold shall be allowed at the time of transfer unless the intended goods to be sold are unrepresented on the market. Leicester Retail / Market Centre

The new licensee shall be required to pay a stall fee based on a formula as may be determined from time to time by the council. Leicester Retail

Any transfer shall require the issue of a new license for each stall for which an administrative charge shall be made. Leicester Retail / Market Centre

The council reserves the right to refuse an application to transfer the stall if, in the opinion of the Markets Manager, the person to whom the stall is to be transferred is deemed unsuitable. Leicester Retail / Market Centre

For the purpose of clause 4, any licensee who occupies a stall or stalls in partnership with another person or persons or as a director or shareholder of a company shall give up his or her rights in respect of all stalls. Leicester Retail

5. The Employment of Young Persons

Licensees/tenants are required to comply with the provisions of the Children and Young Person Act 1933, the Education Act 1944/1948, the Employment of Children’s Act 1973, and any other Act, Local Acts or Byelaws relating to the employment of young children. Leicester Retail / Market Centre

No child below the age of 16 years shall be employed. No child shall be employed without first having obtained an employment card issued by the Leicestershire County Council. Employment cards must be produced when requested by the Markets Manager or his authorised representative. Leicester Retail / Market Centre

No child shall be employed on Saturday, or on any school holiday for more than 4 hours and a continuous period of six hours must be allowed for rest between 07:00 and 19:00 or any day in which the child is employed. Leicester Retail / Market Centre

No child shall be employed in offering goods for sale or in handling cash in any premises where retail trade or business is carried out. Leicester Retail / Market Centre

For the purpose of this regulation, a child is any person of statutory school age. Employed includes assisting in the trade or occupation even where the child receives no monetary reward and includes any child related to the licensee/tenant. Leicester Retail / Market Centre

6. Conduct of Traders

The licensee/tenant shall be responsible for the actions of all servants and ensure that all servants comply with the conditions of this license/lease. Leicester Retail / Market Centre

The licensee/tenant shall comply with and ensure that all servants comply with all reasonable directions of the Markets Manager or his authorised representatives. Leicester Retail / Market Centre

The licensee/tenant must be actively engaged in the business and in trading from the stall, except for licensees as provided for in Section 3 above. No person other than the licensee/tenant or servants shall use the stall or sell or offer for sale any articles from the stall. Leicester Retail / Market Centre

The use of obscene language or any act or conduct which may cause offence to other traders, Market Officers or members of the public, is strictly forbidden. In particular abusive or discriminatory behaviour of a racist or sexist nature is strictly forbidden. Leicester Retail / Market Centre

Any act, including shouting, which is performed to a degree or an extent, which is likely (in the opinion of the Market Officer) to be a nuisance or annoyance to other traders or members of the public is forbidden. Licensees/tenants are not allowed to perform any act, which may cause persons to congregate around the stall, so as to cause an obstruction in any gangway or roadway. Leicester Retail / Market Centre

The use of radios, tape recorders, record players or the production or reproduction music is forbidden. Unless for demonstration purposes only. Leicester Retail / Market Centre

No licensee/tenants shall offer goods for sale by wholesale or by auction. Hawking or carrying goods for sale in the market is forbidden. The licensee/tenant shall comply with and ensure that all servants comply with all relevant statutes, statutory instruments, local acts, byelaws and common law. Leicester Retail / Market Centre

The Markets Manager, or his duly authorised representative for this purpose, may where reasonably necessary for the well being of the general public, the market itself, or other licensees/tenants, prevent any licensee/tenant from employing in any capacity whatsoever and whether paid or unpaid, any person, provided that such refusal may only be exercised after representations have been made by the licensee/tenant or his representative to the Markets Manager. Leicester Retail / Market Centre

7. Conditions relating to use of Stalls

The licensee/tenant must display prominently at the stall at all times while trading, a standard name board of a type as approved by the council and stating legibly and conspicuously the name of the licensee/tenant. Leicester Retail / Market Centre

No sign, other than any connected with the retail business being undertaken at the stall may be displayed without the Market Manager’s permission. All such signs shall comply with the Traders Description Act and shall not be in any way misleading or offensive to members of the public. Leicester Retail / Market Centre

All goods displayed for sale must be priced. All goods must be stored, exhibited or exposed for sale within the defined area of the stall only and no goods must be hung from the front of the stall or allowed to encroach into the public alleyways of the market. Leicester Retail / Market Centre

All goods, which are hanging, must be displayed as follows:

All goods and equipment must be displayed within the perimeter of the stall. Goods will be allowed to drape the front of the stall, providing they are hung from the equipment that is within the confines of the stall area. Such goods must be flush to the stall edge.

No goods shall be positioned at a height greater than seven feet from the stall counter, unless all goods are displayed behind the lighting, to which the lighting facility becomes the height barrier.

A28 TO A31 – D38 TO D45

All garments, goods, scaffold and poles must be displayed with the perimeter area of the stall. A bottom rail is permitted, providing the goods hanging are flush with the front edge of the stall and not overlapping.

A1 TO A27 – B1 TO B115

All garments, goods, scaffold and poles must be displayed within the perimeter area of the stall. A bottom rail is permitted, providing the goods hanging are flush with the front edge of the stall and not overlapping.

B116 TO B137 – C SECTION – D1 TO D37

All garments, goods, scaffold and poles shall be positioned not less than nine inches from the edge of the stall. No garment will be allowed to be hung from the corners of the scaffolding.

A bottom rail is permitted, providing the goods hanging are flush with the front edge of the stall and not overlapping. No goods or other articles shall be positioned at a height greater than seven feet from the stall counter, unless all goods are displayed behind the lighting facility, to which the lighting facility becomes the height barrier.

The licensee/tenant shall be responsible for the control, collection and removal of trade refuse, in such a manner as may be prescribed from time to time by the council and for the cleanliness of the stall and fixture and fittings during and at the close of the market. Leicester Retail / Market Centre

The licensee/tenant shall ensure that no goods, boxes, crates or like articles, no trucks, no trolleys or like vehicles and no litter shall be left or deposited in any gangway, open area, public highway or other private property. Leicester Retail / Market Centre

All licensees/tenants shall ensure a clear gangway of such articles (reg 7.7) by no later than 1000 hours. Leicester Retail / Market Centre

The licensee/tenant nor any servant shall remove or interfere with any property of the council whatsoever, either at the stall occupied or at any other stall. Leicester Retail / Market Centre

The driving, nailing, screwing, stapling or other fixing of any device into council property is strictly forbidden. Leicester Retail / Market Centre

No lighting, electrical equipment or heating equipment is permitted, other than that installed by the council. Only an authorised servant of the council is permitted to alter, remove or exchange any of the electrical equipment provided by the council. Leicester Retail / Market Centre

No traders shall transport goods on any travelator. The licensee/tenant shall ensure total compliance with the Shoppers Charter.

8. Conditions relating to use of stalls

No vehicle shall enter into or remain in any of the intersecting passageways or open areas of the market expect at such times and under such conditions as may be determined from time to time by the council. Leicester Retail / Market Centre

No vehicle may be left in the Market Place after being loaded or unloaded and occupiers shall comply at all times with statutory parking regulations currently in force. Leicester Retail / Market Centre

9. General Provisions

The council, its officers and servants, shall not be liable by contract or otherwise, for any loss of, or damage to property, however caused and whether or not due to the condition of the structure of any stall, building equipment or due to the condition of any floor surfaces. Leicester Retail / Market Centre

The licensee/tenant is required to have public liability and products liability insurance, in respect of third party claims, up to such limit as may from time to time be determined by the council. Leicester Retail / Market Centre

The Markets Manager may, in exceptional circumstances, alter, vary or rescind any of these regulations, either in respect of individual traders or groups of traders, subject to such alterations, variation or rescinding being of temporary nature only. Leicester Retail / Market Centre

The official date of commencement of this license/lease shall be the authorised first day of standing after completion of this license/lease unless such license/lease is issued as a result of any changes in conditions by the council, in which case the official date of commencement shall be the same as on the previous license. Leicester Retail / Market Centre

A licensee/tenant is required to notify the Markets Manager in writing of any change of address. Leicester Retail / Market Centre

10. Notice to terminate or suspend

10.1. In the event of any breach of these conditions, or of any conduct prejudicial to the efficient management of the market, the Markets Manager may, in his absolute discretion suspend the Licensee from standing for such a period as he thinks fit.

Determine the use and occupation of the stall forthwith a formal enforcement procedure, as determined from time to time by the council, shall apply to this sub-section.

10.2. In the event of any disciplinary action being taken, it shall apply equally to all licensees on all trading days. Leicester Retail

10.3. Except under sub-section 10.1, notice in writing must be given of either party’s intention to determine the occupation of a stall, such notice to expire at close of the next appropriate market day after receipt of such notice. Leicester Retail

10.4. Any notice required to be served by the council, shall be deemed to be served if delivered personally to the licensee or if sent by post to the licensee’s last known address. Leicester Retail

11. Retail Market – Casual System

11.1. The allocation of casual stalls on the Leicester Retail Market will be determined by reference to each application’s tendered status on the relevant days and the number of unsuccessful applications made during the 13 weeks prior to the day of application. The rest of this section outlines the procedures in detail.

11.2. Any trader wishing to obtain a casual stall on any particular day must sign the casual book, in the Customer Care Office between 7.30am and 8.00am on the day in question.

11.3. Any trader applying for a casual stall will be given priority determined by the number of days he/she occupies stalls on a tendered basis during the week in which the application falls.

This priority will be as follows:

1st applicants who have tendered stalls on 5 other days
2nd applicants who have tendered stalls on 4 other days
3rd applicants who have tendered stalls on 3 other days
4th applicants who have tendered stalls on 2 other days
5th applicants who have tendered stalls on 1 other day
6th applicants who do not have tendered stalls on any other day
7th applicants who have tendered stalls on the same day.

11.4. Within the above priorities a system of preference will apply based on the number of times applicants have successfully applied for a stall on the day in question during the previous 13 weeks. This does not, however, include the first seven applicants by a new applicant (See 11.5 below). Applicants will only be deemed to have applied unsuccessfully under the following circumstances:

a) They must have signed the casual book between 0730 and 0800 hours

b) They must not have been offered a stall. The following will not count as an unsuccessful application:

Any trader signing the casual book after 0830 hours (see 11.6 below)

Any trader not signing the casual book on that particular day

Any trader who rejects an offered stall

Any trader who signs the casual book but does not require a stall

11.5. Where two or more traders have equal preference over a 13-week period, the preference will be given to the trader having the least total number of non-attendances and rejections during the 13-week period. Failure to determine a preference by this method will result in a greater unit of time being utilised.

11.6. A new casual application will be given last preference within his/her priority group on the first day of application. New applicants will continue to be given last preference within their priority group until such time as they have made ten applications on the relevant day. The beginning of the 13 weeks preference system will be deemed to commence on and include the 8th application as a new casual. A new applicant is deemed to be a trader who has not signed casually on that particular market day for a period of six or more consecutive weeks.

11.7. Any trader arriving between 8.00am and 8.15am will be allowed to sign the casual book but will not be considered for a casual stall until all applicants who signed the book prior to 8.00am have been dealt with. Any trader signing the book after 8.00am will not be considered an unsuccessful applicant. No stall will be let to any trader who has not signed the casual book prior to 8.15am, except under the wet stall procedure.

11.8. In the event of an alteration in a trader’s priority status, only the last three applications prior to the date of such change will be transferred into the new priority group.

11.9. Any trader who rejects an offered stall will not be considered for any further allocation

11.10. Any trader who does not occupy all his tendered stalls on any given day shall not be considered for a casual stall on that day.

12. The above outlines the procedure on the allocation of casual stalls. In addition the following conditions will apply:

12.1. The occupation of a casual stall is personal to the applicant and only the tendered occupation of the signatory will be taken into account.

12.2. A married couple will be deemed as one person and their combined tenders shall be used for determining priorities on any given day of application. Either partner may sign the casual book, but only one applicant will be allowed and subject to the priority rating, only one stall will be allocated.

12.3. Any applicant who uses the tendered occupation of one or more stalls to gain a first to fifth priority shall not be allowed to sell any goods other than those goods already on the tendered occupations, subject to the mix of goods being deemed suitable by the Markets Manager or his assistant. Any applicant wishing to sell goods other than those contained on any relevant tendered occupations shall be treated as sixth or seventh priority, as the case may be.

12.4. Any trader who is offered a casual stall but is not present in the Customer Care Office when such offer is made shall be deemed to have rejected the offered stall and such shall be offered to another applicant. Exception may be made in the case of fruit and vegetable traders, subject to the prior written permission of the Markets Management and in accordance with such conditions as contained in the written permission.

12.5. Occupation of any stall is subject to the Retail Market Regulations as displayed in the Customer Care Office. Copies are also available, on request, from Toll Collectors. Particular attention is drawn to Regulation 9.2, which requires occupiers to have third party insurance. It should be noted that membership of the Market Traders Federation gives automatic insurance cover up to the prescribed limit. In all cases the signatory shall be deemed as the occupier for the purpose of all Retail Market Regulations.

12.6. Traders on C&D level of the Market Centre shall be given two days status (i.e. 4th Priority) but shall in all other respects be subject to all the other procedures and conditions outlined in this document. If, however, traders on C&D levels have permanent outdoor stalls on any day of the week, then those outside stalls will determine their priority.

12.7. Traders on A level shall count as tenants when signing Tuesdays to Saturdays. When the Market Centre is closed on Mondays they can claim five days, when open they again count as tenants. If, however, any A level trader has permanent outside stalls, then their priority shall be decided by these outside stalls.

12.8. The council reserves the right to suspend a trader from the casual list for any breach of Market Regulations or for any attempt to abuse the casual system. The period of suspension shall be decided by Market Management.

12.9. No casual will be allowed to stand on the same stall for more than three consecutive weeks without prior permission from the management.

13. The Council reserves the right to suspend these procedures and/or conditions at such time as it sees fit.