Hinckley market licence conditions, procedures and charter

Hinckley market licence conditions

Conditions relating to the issue of licence on Monday, Friday and Saturday

These conditions were revised in April 2022:

  1. 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 and address appears on the licence
    • “Council” means the Hinckley & Bosworth Borough Council, Hinckley Hub, Rugby Road, Hinckley, Leicestershire LE10 0FR
    • “Controller” means the Town Centre Manager or anyone acting under his authority. For the avoidance of doubt the Markets Manager holds such authority
    • “Stall” means the stall or pitch identified by the number shown on the licence and identified on the map retained by the controller and available for inspection during normal office hours at the Council offices situated at Hinckley Hub, Rugby Road, Hinckley, Leicestershire LE10 0FR
    • “Concessionary day” means one market day each licence year for which no charge is made during the absence of the trader and is available subject to the conditions below
  2. Nothing in the licence shall be construed as placing an obligation on the council to provide a market on each day referred to in the licence, but it is agreed that the council will endeavour to provide the market 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
  3. The conditions upon which the rights aforesaid are granted are as follows:
    1. The rent shall be paid in monthly instalments on or before the first day of the month to which the rent relates
    2. If any licensed market trader becomes 3 months behind in paying their rent without notifying the Council of any specific reason, the Council will suspend the licence and the stall-holder will be treated as a casual until the due amount has been paid. If those arrears are not cleared within one month of trading as a casual, the licence will be revoked and the trader will be unable to stand on the market. Legal proceedings may then be taken to recover the debt
    3. The monthly rent will be calculated annually based on the number of market days in the financial year (1 April to 31 March), minus the number of any concessionary days and Bank Holidays that the council may allow, multiplied by the weekly rent then divided by twelve. The licensee must give at least two weeks’ notice of his intention to use a concessionary day
    4. Four concessionary days will be granted in a twelve month period and two concessionary days in a six month period. For periods between six and twelve months or less than six months, the concessionary allowance will be at the discretion of the Markets Manager based on the period spent trading on a casual basis
    5. Any concessionary days not earned must be repaid to the council. If the market licence is cancelled before 30 September, all concessionary days must be repaid, or if the licence is cancelled before 31 March, two concessionary days must be repaid
    6. Except in unforeseen circumstances such as illness or accident, any trader failing to notify the controller of any absenteeism or holiday will lose the concessionary day(s) concession and be charged the extra rental by casual ticket on their first trading day after being absent
    7. Continual or sporadic absenteeism by any trader will result in the loss of that trader’s right to occupy any specific position. Furthermore, any trader failing to attend for three or more consecutive weeks, without the prior agreement of the controller will forfeit his licence to trade
    8. The licensee shall use the stall for the sole purpose of exhibiting and selling the articles or goods of the description specified in the licence and shall not sell exhibit or expose for sale 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 controller are of an objectionable nature or in his opinion are dangerous or likely to cause fire or explosion
    9. The licensee shall permit the council, its 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 necessary by the council or their agents. This particularly applies for the purpose of examining the state of repair and condition of the stall and immediately upon receiving notice so to do from the controller, or from any person authorised by the council to act in this behalf to make good all damage, decays and defects for which under the provisions hereof the licensee shall be liable
    10. If the stall is not occupied before 8am on any market day the council may let the stall to any other person or persons for that day
    11. The licensee shall not start dismantling their stall or leave the market before 4pm during October to March and before 5pm April to September without prior permission from the Markets Manager
    12. The licensee shall not without prior written consent of the council, assign, sublet or part with the possession of the stall or any part of the stall to any person, company or body of persons, or 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
    13. After five years of satisfactory trading, the licensee will be allowed the right to sell the licence for the sale of those goods that appear on that licence
    14. Full details and the address of the proposed purchaser must be submitted to the council and no transfer or takeover of the stall will be allowed until the authority of the council, in writing, has been issued
    15. 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 the goods on the stall are the property of the licensee and that all persons assisting at the stall are in the employment of the licensee
    16. 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
    17. 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 market, or to other persons using or visiting the market
    18. The licensee shall observe and conform to the provision of all food and health and safety legislation where applicable to the stall and items sold therefrom and to comply with all bylaws and/or regulations from time to time made by the council or the management and control of the market which said bylaws 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
    19. 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 or roadway in front of or behind the stall
    20. 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
    21. The licensee shall not erect any extensions to stalls without permission of the said controller
    22. 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 controller or any person authorised by him to give instruction pursuant to this clause
    23. 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
    24. The licensee must 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 each market. Provided that the council provides a receptacle all such rubbish must be placed as soon as is reasonably practicable in the receptacle
    25. The licensee must keep his stall and fittings and the space below the stall clean and free from litter
    26. 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 allow any person to do so
    27. The licensee must not hold or permit or allow to be held any sale by auction at the stall
    28. The licensee shall either remain a member of the Market Traders Federation for the duration of this licence or take out and maintain for the duration of this licence such all risks insurance and employer’s liability insurance as shall be at least equivalent to that provided by the Market Traders Federation for its members and shall produce certificates of such insurance to the controller when required to do so
    29. The licensee will at all times comply with the reasonable instructions of the controller or such person authorised by him to give instruction pursuant to this clause
    30. The licensee must exhibit his name on the board or fascia space provided by him for the purpose in the style of lettering and colour approved by the controller
    31. The licensee shall not take onto the market, or allow to remain on the market, any vehicle or trailer between the hours of 8.30am and 4pm (8.30am and 5pm in the case of vehicles and trailers serving stalls situated on Castle Street)
  4. The licensee shall remove or reposition forthwith any vehicle or trailer on the market site or adjacent roadways if required to do so by the controller or any person authorised by him to give instructions pursuant to this clause
  5. The licensee shall notify the controller in writing of any change of address or any other particular referred to in the application made to the council by the licensee to the stall
  6. The council and the licensee agree that a minimum of 28 days’ notice (excluding Sundays) shall be given by the council to increase the rent for the stall provided under clause 3(a) hereof
  7. This licence may be cancelled at any time by either party giving to the other not less than one month’s prior notice, in writing, expiring at any time, in the case of the council to be served on its Town Centre Manager or the Markets Manager and in case of the licensee the address included in the licence
  8. The licensee/stallholder must give one month’s notice to the council’s Markets Manager or the Cultural Services Support Officer of any intention to cease trading. As market licences start from the first of the month and the monthly invoice is based on an average over 12 months, the licence will be cancelled from the end of the month. No credit will be given for traders wishing to finish trading part way through a month
  9. Nothing in this licence shall be construed as creating between the parties a tenancy or any interest in the stall greater than a licence
  10. 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
  11. All licensees must abide to the conditions outlined in the Market Shoppers National Charter

Last updated: 04/12/2023 08:54