1.1 In these Terms & Conditions terms and definitions are used as follows:
1.2 "Stallholder / Pitch Holder / Trader / Caterer" or “Stallholders / Pitch Holders / Traders / Caterers” means any person, firm, organisation, company or employee of who has made an application to trade at The organisers of the event or market Devonshire Markets have been appointed to recruit and manage trade for 2014 on Saturday 28th 2014 and has been granted space in the event site.
1.3 “Unit / Trade Area / Pitch” means any vehicle, allocated space, covered area, item, temporary commercial structure, or location on the event site a Stallholder / Trader / Caterer is using to sell products.
1.4 “Organiser” or “Organisers” means the organisation “The organisers of the event or market Devonshire Markets have been appointed to recruit and manage trade for” and its appointed trade management company Big Live Event Limited, or any affiliated trade names of these two organisations as well as any member of its staff, subcontracted personnel, authorised voluntary personnel.
1.5 “The Event Site”, “Site”, “Event Premises”, “Premises”, or "Venue" is the location in which the event is promoted as taking place.
1.6 "The Licensing Authority" is any representative of the regional public sector governing body responsible for permitted use of the venue.
1.7 The term “event” is meant as the organisers of the event or market Devonshire Markets have been appointed to recruit and manage trade for.
2. APPLICATION FOR TRADING SPACE
2.1 Application for catering trading space at the event must be made on the organisers official application forms available online at http://www.devonshiremarkets.com/index.html#fancyapitch and must contain relevant information on items to be retailed.
2.2 The organiser reserves the right without giving notice to the applicant to reallocate the stall space or refuse the stallholder / Trader / Caterer trade at the event until the completed application form, payment in full, and any other requested information has been received and accepted by the Organiser.
3. ALLOCATION OF TRADING SPACE
3.1 Every effort will be made to allocate the Trader / Caterer the stall space which has been ordered. However to facilitate an effective layout of the event, the Organiser reserves the right to make a unit’s space reallocation at any time.
3.2 Non attendance at an event may result in refusal to trade at other events, festivals, and markets co-ordinated by the organisers.
4.1 Full payment must be received on confirmation of pitch offer from the organisers.
4.2 In the event the Trader / Caterer fails to meet any such payment obligations the Organiser reserves the right to reallocate the stall space.
5. TRADING SPACE AND PRODUCTS
5.1 The Trader / Caterer must occupy the space allocated to him by event Organisers and be ready to trade by the event opening time.
5.2 If in the opinion of the Organisers the Stallholder / Trader / Caterer unit extends beyond the allocated space, the Organisers may at its sole discretion move said unit to anywhere in the event site, and charge the Stallholder / Trader / Caterer for the extra space occupied at the double the prevailing rate. Extending past the agreed frontage line will not be allowed.
5.3 The Stallholder / Trader/ Caterer shall be entitled to retail only those products / foods listed on the stall space application form.
5.4 The Organiser reserves the right to specify the particular products / foods that may be sold.
5.5 The Organiser reserves the right to specify the prices at which they can be sold.
5.6 The Stall / Trade / Catering unit must have a well presented and legible tariff board.
5.7 The description and prices of all products and foods for sale must conform to the current legislation relating to Trade Descriptions.
5.8 The Stallholder / Trader/ Caterer must not set-up their unit in a manner which in the opinion of the Organiser may be considered a danger to the public or obstruct an Emergency Vehicle access.
5.9 The Organiser, their appointed representative, security company, or any member of the appropriate local authority licencing body, health and safety representative, or law enforcement organisation, shall without notice be entitled to access the Stallholder / Traders / Caterer unit on presentation of appropriate identification.
5.10 Stallholders / Traders/ Caterers are expected to fully co-operate with any official Organisations on site – such as Site Management, Security, Emergency Services, Police, Environmental Health, Trading Standards, Customs and Excise staff, Fire Officers, The Inland Revenue or any other organisation onsite deemed to be professional by the Organisers.
5.11 Sub-contracting a unit or part of a unit will not be tolerated.
6.1 The following may not be sold: Drugs; Cigarettes or Alcohol (unless by prior arrangement with the organiser and the Stallholder / Trader / Caterer is fully licensed to do so); Any products in conflict with the interests of any sponsors; knives; needles; sharp objects; or any other Item deemed illegal by UK Trading Standards.
7. STAFF PASSES
7.1 Where required in order to ensure only official access to the trading areas, the stallholder / trader / caterer and their personnel will be issued with non- transferable passes. Any damaged or lost passes will only be replaced by way of full payment of event ticket price. All passes will be marked before they are issued, and can be traced back to individual stallholders / traders / caterer. Any misuse or transfer of passes by any stallholder / trader / caterer or their staff will result in the closure of the unit concerned and refusal to trade in the future.
8. REMOVAL OF PRODUCTS
8.1 The organiser reserves the right to require the stallholder / trader / caterer to remove any products or foods not specified on the catering application form, or if the merchandise is deemed offensive, illegal, or in conflict with the event sponsors or organising body.
9. EXCLUSION OF PERSONNEL
9.1 The organiser reserves the right to exclude or remove from the event any person whose presence is or is likely to be undesirable.
10.1 Excessive noise will result in your unit being shut down. Generators should adhere to noise restrictions detailed in section 19 of these terms and conditions.
11.1 If it appears to the organiser that the stallholder / trader / caterer may be engaged in activities deemed to be contrary to the best interests of the event or which appear to be in breach of the law, the organiser reserves the right without any liability to the stallholder / trader / caterer to require the vacation of the trading space and to refuse the stallholder / trader / caterer the right to further participate at the event. Any stallholder / trader / caterer found not complying with the terms of the site license or any of the terms and conditions stated in this document will be closed down and/or removed from site and they shall not be entitled to any rebate.
12. FIRE PRECAUTIONS
12.1 All stallholders / traders / caterers must carry a fire extinguisher serviced within the last twelve months by a competent fire safety body, and a fire blanket.
12.2 All materials used for building, decorating or covering units must be of non-flammable material.
12.3 Additional fire precautions are required of traders using gas or electrical appliances, or generators as specified in section 20 of these terms and conditions.
13. ELECTRICITY SUPPLY
13.1 Each stallholder / trader / caterer must provide their own electricity supply unless otherwise agreed in writing with the organisers.
13.2 Each stallholder / trader / caterer is responsible for the condition and safety of their electrics.
13.3 Where electricity is provided every stall must have its own individual feed, and must provide approximately 20m of CEE form 16amp cable.
13.4 Any stallholder / trader / caterer responsible for continually tripping the generators due to bad electrics will be disconnected from the supply.
13.5 Any stallholder / trader / caterer using too much power will have to take and purchase a second supply.
13.6 Any stallholder / trader / caterer caught sharing their supply will be disconnected.
13.7 All stallholders / traders / caterers should use electricity safely and responsibly.
14.1 All traders must adhere to current trading legislation, and hold full employee and third party liability insurance (National Market Traders Federation, or equivalent). Each trader is responsible for providing their own Public Liability Insurance to the value of £5,000,000. Employers’ liability and public liability insurance must be displayed in stalls at all times and be available on request.
15. GENERAL TRADE RULES
15.1 All units must have a suitable, clearly marked and readily accessible first aid kit and an appointed first aider.
15.2 No traders are permitted to bring animals are allowed on-site (except for guide dogs).
15.3 The stall / trade / catering unit, including its interior must be kept in a good state of cleanliness and conform in every way with all current Health and Safety legislation.
15.4 The stall / trade / catering unit shall contain all equipment necessary for compliance with all current Health and Hygiene legislation.
15.5 The exterior of the unit must be in a good state of repair and must be kept clean at all times.
15.6 The full name and address of the proprietor must be clearly displayed to the public.
15.7 Traders must not pack up or prepare to leave before the closing time of the event. Stallholders that try to leave early or that contravene health and safety for our customers by moving stock and fittings before pack up time will not be asked back to trade with us, not allowed to use loading exits and may be reported for risking customer safety.
15.8 In the interest of health and safety walkways and fire exits must be kept clear at all times during the event. This may mean that stock and fittings have to be removed to maintain enough room for walkways and fire exits.
15.9 Traders / Caterers must completely clear their pitch area of litter.
15.10 Traders / Caterers must have undertaken a Risk Assessment of their stall and make it available to the organisers on request.
16.1 Stallholders / traders / caterers must arrive within the specified arrival times, the Organisers reserve the right to refuse entry to site after the arrival deadline.
16.2 Driving on site must be kept to a minimum, and hazard lights must always be on when driving on site and vehicle curfews must be observed. Driving on-site must be kept to a top speed of five miles per hour.
16.3 All trading sites are subject to acts of God, and we cannot accept responsibility to any changes necessary as a result of uncontrollable factors.
16.4 In the event of a dispute between traders or the organisers the organisers decision is final. Any abusive behaviour towards any of the organisers will result in the closure of the unit concerned and refusal to trade in the future.
16.5 The sale of alcohol can be stopped or prevented by the organisers at any time if in the interests of safety.
17 LIMITATION OF LIABILITY
17.1 The organisers shall not be liable for any loss, theft, damage or injury to persons or property by the stallholder / trader/ caterer, its employees or agents.
18 USE OF GAZEBOS
All stallholders should be using gazebos or structures that meet the following criteria:
18.1 The gazebo should be of sound construction with all leg poles and roof struts part of the main fold out structure and non-detachable.
18.2 Leg poles should be either tubular steel or aluminium, and be of a substantial enough construction to avoid buckling in strong winds.
18.3 The main canopy must be firmly attached to the metal stall structure using strong specifically designed ties
18.4 The canopy and any sides must be made of fire resistant material
18.5 The gazebo must be capable of being secured down by use of specifically designed correctly fitting weights (min. 25Kg) on each leg.
18.6 No attempt must be made to drive tent pegs or similar into the precinct surface to secure the gazebo.
18.7 The gazebo must remain free-standing at all times and must not be secured to any street furniture or other fixture.
18.8 The City Centre Management Team will make the decision for the structure to be removed if it is deemed to be unsafe.
18.9 Any trader trading from a gazebo or structure deemed to be unsafe by the organisers, the appropriate licensing authority, or local safety enforcement organisation, having already given this criteria to traders will not be permitted to trade at the event.
18.10 It is the responsibility of the stallholder to ensure the above criteria for use of gazebos is met in order to trade at the event. If any of the above criteria is not met and the event organiser or any Council Health and Safety representative, or member of the Police or Fire Brigade deem the gazebo to be unsafe the stallholder will forfeit the right to trade at the event and will be removed from the trade site.
19 USE OF GENERATORS AND ELECTRICAL APPLIANCES
19.1 Generators must be diesel powered and ultra silent, with a noise level of less than 50 dba.
19.2 In the event of fuel leakage, cleaning will be charged to the event organiser.
19.3 Where a generator is used the trader must also provide a foam or powder fire extinguisher.
19.4 The structure, roofing, walls and fittings of my stall or unit are flame retardant and certification of this is available on request.
19.5 Use of generators by traders will be inspected by the event management and / or representatives of the local licensing authority.
19.6 Any trade unit deemed unsafe resulting from use of a generator or electrical appliance will be asked to cease use of the generator and / or asked to leave site.
19.7 Cooking appliances are fixed securely on a firm non-combustible heat insulating base and surrounded by shields of similar material on three sides.
20 USE OF GAS
20.1 Gas cylinders must be kept outside, or within a specific ventilated unit, secured in an upright position & out of reach from the public.
20.2 A gas safety certificate for the appliances and pipe work available for inspection & all hose connections are crimped.
20.3 The trader must ensure that only cylinders in use are kept at the trade pitch.
20.4 The trader must ensure the gas cylinders are readily accessible to enable easy isolation in case of an emergency.
20.5 The trader must ensure gas is isolated at the cylinder, as well as he appliance when the appliance is not in use.
20.6 The trader must ensure appliances are fitted with full flame safety devices.
20.7 The trader must ensure replacement cylinders are fitted in the open air away from the public and sources of ignition.
20.8 The trader must ensure cooking appliances are fixed securely on a firm non-combustible heat insulating base and surrounded by shields of similar material on three sides.
20.9 The trade must ensure the structure, roofing, walls and fittings of my stall or unit are flame retardant and certification of this is available on request.
20.10 The trader must provide a dry powder fire extinguisher serviced with the last twelve months and a fire blanket for the unit or trade pitch.
20.11 The trader must make their own staff aware of any action to be taken should an incident occur.
20.12 The trader must identify all ignition sources and insure these sources are kept away from combustible materials.
20.13 The trader must provide sufficient refuse bins for the disposal of waste produce and litter for my pitch or stall.
20.14 Any trade unit deemed unsafe resulting from use of gas will be asked to cease use of gas and / or asked to leave site.
21 CANCELLATION & REFUNDS
21.1 The trade fee is non refundable if you cancel your stall.
21.2 Where possible we will try and fill your stall so we can send your funds back.
21.3 In the event of cancellation by the venue the trade fee will be fully refunded.
21.4 The organisers shall be under no liability for delay or failure to provide the services as a result of any act or circumstances beyond reasonable control including but not limited to, Act of God, legislation, injury, terrorism, war, fire, failure of power supply, bad weather conditions, lock out, strike, or demonstration.
21.5 The organisers shall be under no liability or duty to compensate for loss or damage to stock or spoiled food produce in the event of cancellation by the organisers where 48 hours notice of cancellation or more is provided to the trader unless cancellation by the organisers results from any circumstance outlined in section 21.4 of these terms and conditions of trade.
21.6 In the event of a venue cancellation the organisers are unable to refund or transfer stalls but will try and seek costs from the responsible party.
22.1 Trader car parking where available is available only on a first come first served basis.
22.2 Illegally or irresponsibly parked vehicles will be towed away.
22.3 Costs incurred as a result of irresponsible parking will be payable by the trader.
Trade Terms & Conditions