Terms and conditions of using the charity stall
- Except where otherwise indicated in these conditions the following words shall have the following meanings:
- ‘Licensee’ means the person to whom the licence is issued and whose name appears on the licence document.
- ‘Council’ means the Hinckley & Bosworth Borough Council, Hinckley Hub, Rugby Road, Hinckley, Leics LE10 0FR
- ‘Controller’ means the Cultural Services Manager or anyone acting under his authority. For the avoidance of doubt the Markets Manager holds such authority
- ‘Stall’ means the charity stall provided at Hinckley Market
- Nothing in the Licence shall be construed as placing an obligation on the council to provide a market, or stall at a market, on each day referred to in the licence, but it is agreed that the council will endeavour to provide the market and stall on the days referred to except where prevented from doing so by circumstances beyond its control. In order to meet this obligation the council may, at its absolute discretion, restrict, re-site or alter the layout of the market and stall.
- The conditions upon which the licence is granted are as follows:
(a)The use of the charity stall is permitted only where all proceeds arising from the use of the stall are donated to the named charity. The use of the charity stall for fundraising where a portion of the proceeds are donated will not be permitted. The council reserves the right to verify the donation received by the charity
(b) The period of use under this licence will commence at 8am and expire at 5pm.
(c) The licensee shall use the stall for the sole purpose of exhibiting and selling therein articles or goods of the description specified in the licence and shall not exhibit or expose for sale therein any articles or goods of any other description without the written consent of the council having first been obtained. Notwithstanding anything contained in this Licence no articles or goods shall be exhibited in or sold from the stall which in the opinion of the said controller are of an objectionable nature or in his opinion are dangerous or likely to cause fire or explosion. Further, more no alcohol is to be exhibited, sold or given away as a prize from the stall.
(d) The Licensee shall permit the council, its servant, agents or other authorised by it, with or without workmen and others at all reasonable hours to enter upon the stall for all purposes deemed expedient by the Council, or their servants or agents and particularly for the purpose of examining the state of repair and condition of the stall and forthwith upon receiving notice to do so from the said controller, or from any person authorised by the council to act in this behalf to make good all damage, decays, defects and wants of reparation for which under the provisions hereof the Licensee shall be liable.
(e) If the stall is not occupied by 8am on any market day the council may let the stall to any other person or persons for that day.
(f) The Licensee shall not without prior written consent of the council, assign, sublet or part with the possession of the stall or any part thereof to any person, firm, company or body of persons whatsoever or to allow any other person to be associated with the Licensee in connection with the occupation of the stall, either as a partner or in any other way except in the capacity of an employee.
(g) The Licensee shall produce at all times on demand to an authorised agent of the council evidence in writing proving to the satisfaction of such agent that all goods on the stall are the property of the Licensee and that all persons assisting at the stall are duly authorised to do so by the Licensee.
(h) The Licensee shall make good any damage to the stall or other erections or buildings on the said market which has been caused by negligence on the part of the Licensee and to indemnify the council from and against all claims, damages, loss, expenses and costs in respect of any explosion, fire, accident, or injury to property, persons or things; which may arise or occur through or in connection with the occupation or use of the stall.
(i) The Licensee shall maintain for the duration of this Licence a Public Liability Insurance to the sum of at least £5 million to cover all risks and the indemnity set out in condition (g). All employees that are to be employed at the stall must also be covered by an Employees Liability Insurance. Both of these insurance documents must be supplied to the council upon application.
(j) The licensee shall not do, or permit to be done, any act or thing in or about the stall or the Market which may cause discomfort, damage, injury or annoyance to the other Licensees or occupiers of the said market, or to other persons using or visiting the market
(k) The Licensee shall observe and conform to the provisions of all Food, Health and other Safety Legislation where applicable to the stall and items sold there from and to comply with all byelaws and/or regulations from time to time made by the council or the management and control of the market which said byelaws and/or regulations shall be deemed to be incorporated in and form part of this Licence, insofar as they are not varied hereby or inconsistent herewith.
(l) The Licensee shall not place or cause to be placed any goods or articles or obstructions of any kind whatsoever in the avenue or avenues in front of, behind or adjoining the stall or on any pavement/roadway in front of or behind the stall.
(m) The Licensee shall not place goods beyond the boundaries of the said stall, either on the ground or hanging except with the permission of the said Controller or such person authorised by him to give instructions pursuant to this clause.
(n) The Licensee shall not erect any extensions to the stall without the permission of the said Controller.
(o) The Licensee shall remove forthwith any extension, table, bench, rack, or other structure erected external to the stall when required to do so by the said Controller or any person authorised by him to give instructions pursuant to this clause.
(p) The Licensee shall not install any heating or lighting apparatus whatsoever without the previous consent in writing of the Controller for the time being of the council and then only in such manner as shall be specified in such written consent.
(q) The licensee must also take adequate steps to remove the rubbish from the market area and the site of the stall must be left clean and tidy at the close of the market, provided that where the council provides a receptacle all such rubbish must be placed as soon as is reasonably practicable in the said receptacle.
(r) The Licensee must keep the stall and fittings and the space below the stall clean and free from litter.
(s) The Licensee shall not ring a bell or blow a horn or use any noisy instrument or loudspeaker in order to attract attention to the stall or to any person to do so.
(t) The Licensee must not hold or permit or allow to be held any sale by auction at the stall.
(u) The Licensee will at all times comply with the reasonable instructions of the said Controller or such person authorised by him to give instruction pursuant to this clause.
(v) The Licensee must provide and exhibit the charities name on the board or fascia space in the style of lettering and colour, as per details given in the application, and as approved by the said Controller.
(w) The Licensee shall not take onto the market or allow to remain thereon any car, light van, lorry, caravan or trailer between the hours of 8:30am and 5:00pm.
(x) The Licensee shall remove or reposition forthwith any car, light van, lorry, caravan or trailer on the market site or adjacent roadways if required to do so by the said Controller or any person authorised by him to give instructions pursuant to this clause.
(y) The Licensee shall notify the Cultural Services Office of any change of address or any other particular referred to in the application made to the council by the Licensee within seven days.
The licence document must be produced, on request by an authorised officer of the council or a police officer, at any time during the period that the charity is using the stall.
Nothing in this Licence shall be construed as creating between the parties a tenancy or any interest in the stall greater than a licence.
The council may determine this licence and re-enter upon the stall if the Licensee fails to perform or observe any of the above conditions.
The use of the charity stall is at the council’s discretion.
Last updated: 09/02/2023 07:14