Market Rules and Regulations

Rules and Regulations

1. Definitions

In these Rules:-

“Stallholder” means any person who has been allocated a specific stall for the days of the Market day until further notice by the Market Manager. Such Stalls are hereinafter referred to as “Regular Stalls”.
“Food Stallholder” means any person who has been allocated a specific stall who will be selling hot & cold foods and drinks. Such stallholders are referred to as “Food Stalls”.
“Person” shall mean an individual human being and shall not include a Company, a Partnership, or any other body, whether incorporated or unincorporated.
“Manager” shall mean an individual human being to whom a Stallholder wishes the Markets Manager to give permission to stand at his Stall during his absence and to whom the Markets Manager has given such permission in accordance with Rule 5 (i).
“Markets Manager” means the Principal Officer within the Popping who is responsible for the Markets or an Officer duly authorized to act on his behalf.

2. Market days and Times

The days upon which the Markets are open for business are Saturday and Sunday.
At the discretion of Popping the Market may open for business on certain additional days during the year, on certain public holidays.
The minimum trading hours that a stallholder should remain fully set up and actively trading is from 9.00 am until 5.00 pm.
The earliest a stallholder may start to occupy his stall is 7.00 am and the stall must be fully cleared of stock by 6:00 pm at the very latest.

3. Right to Stand

No person shall trade on the Market or take occupation of any Stall or position thereon without the permission of the Markets Manager.
Any person wishing to trade on the Market must complete the Online Booking Form on the popping website in full.
Notwithstanding any reference in these rules to a regular stallholder, any grant by a Popping of a Stall on the Markets is on a daily basis only and creates no greater right than a personal right to the Stallholder to occupy the Stall on a particular day.

4. Allocation of Stalls

Stalls will be allocated by the Markets Manager who will maintain a list of all Stallholders.
A Stallholder or his Manager must occupy his Stall from 7:00am to 8.30am and if it is not occupied at that time the Stall may be re-allocated by the Markets Manager. If this should occur the full daily toll shall be charged both to the Regular Stallholder and to the Casual Stallholder.
Where a Stallholder or his Manager fails to occupy his Stall on a particular Market Day in each of market days successively, his Stall may be re-allocated by the Markets Manager.
If a Stallholder does not attend the Market on any particular Market day for 2 consecutive days, his name may be deleted from the List for that particular Market day. If a Stallholder whose name has been so deleted wishes to resume trading on that day he will have to make a fresh application to the Markets Manager.

5. Attendance at Stalls

A Stallholder must stand in person at the Stall except where the Stallholder has a Manager whose name has previously been notified to the Markets Manager. Only the nominated Manager for a particular day may stand at the Stall on that day.
Where a Stallholder or, as the case may be, their registered Manager, is unable to attend at the Stall, the Stall may be attended by an employee whose name has been notified to the Markets Manager.
The right to occupy a Stall is given to a Stallholder personally and a Stallholder is not permitted to Assign, Transfer, Sublet or Part with Possession of a Stall or Part of a Stall to any other person or body.

6. Operation of Stalls

The name of each Stallholder must be displayed prominently at his Stall.
Each Stall or pitch includes the provision of one table within an area measuring 3 metres by 3 metres. No display at a Stall (including name boards) must be of a height of more than ten feet above the ground.
The Stallholder or Manager must place all their goods upon the Stall or within the area of the Stall space and goods must not be placed so as to obstruct the free passage of persons using the Market, or to prevent reasonable facilities for the viewing of adjoining Stalls by such persons.
Any frames or additions to Stalls must be with the prior approval of the Markets Manager. Rails or Bars must not be used to create an extension to any Stall, nor be permitted to protrude beyond the Stall space which has been allocated. The decision of the Markets Manager shall be final as regards whether the free passage or the views of adjoining Stalls are obstructed.
1. Servicing of Stalls will only be permitted at the times and from the areas, Roadways and alleyways designated by the Markets Manager. A period of no longer than 30 minutes will be permitted for the servicing of Stalls.
1. All vehicles must be removed from the Market site by 8.30am at the latest unless prior permission has been obtained from the Market Manager.
1. No vehicles shall be permitted to park under the canopy of the Market until 3.30pm, unless prior permission has been obtained from the Markets Manager.
It is the responsibility of each Stallholder or manager both during and at the end of each Market day to place all rubbish, litter or other waste material which may be on, under or in the vicinity of his Stall in a suitable boxes or containers, which should be securely closed and left for collection by Popping in such area as may be designated for this purpose from time to time by Popping.
Stallholders and Managers must behave in a civilised and orderly manner towards their customers and other Stallholders and Managers.
Stallholders and Managers are only permitted to display and sell the type or category of goods that were specified in the original booking form for permission to stand on the Market.
The decision as to what goods fall under each category rests with the Market Manager. If a Stallholder wishes to change the type or category of goods which they are permitted to sell, they must make a written request to Popping who may grant or refuse to grant such permission, the decision to be taken according to the view which we may take as to the best interests of the Market and the most suitable composition of it in terms of the number and type of Stalls.

7. Legal Requirements

It is the responsibility of each Stallholder and Manager to comply with the provisions of all legislation that applies to the business in which they are engaged.
Food Stallholder may carry a public liability insurance cover in respect of the third party public liability risks to a minimum of R5,000,000. Each Food Stallholder who employs any person may carry Public Liability insurance cover in respect of employer’s liability risks.
The Food Stallholder may produce evidence of all such cover to the Markets Manager before or after a Stall is granted to them, and at any time on demand by the Markets Manager. At any time at which a document of this nature is produced to the Markets Manager for the first time, there should also be produced a copy of the document, for retention by the Markets Manager.
Any change which may be made in a Stallholder’s insurance arrangements must be notified immediately to the Markets Manager.
It is a condition of permission being granted to trade on the Market that each Stallholder indemnifies Popping in respect of any claim, action or proceedings which may be made or brought against Popping as a result of the Stallholder’s presence on the Market.

8. Stall Booking Fees

Booking fees shall be in accordance with the scale of charges approved from time to time by Popping.
Fees in respect of all Stalls are due on demand and will be collected daily from the Stallholders.
If the Market is cancelled in respect of any day by Popping, a booking fee will not be payable in respect of that day.
If the Market is held on any additional days during the year, all fees will be payable on a daily basis and will be due on demand.

9. Stall Refund

Stallholders may request for a Refunds in the event they will not be able to attend the market and notify the markets Manager-
- Between 10 to 6 days before the market, to allow the Markets Manager to re-allocate the Stall, the Stallholder will be refunded their full booking fee.
- If the notification is received 5 days before the market or after the market, the Stallholder will be refunded only 50% of the booking fee.
- If a stallholder cancels 2 days before the market or during the market, they will not be refunded their booking fee whether or not the Stall is re-allocated.
- The aforesaid requirement that the booking fee paid shall not operate in cases in which the absence is due to immediate family bereavement until a period of one week has elapsed following the bereavement
In the event that the Market Manager notifies stallholders of a cancellation or postponement of the Market-
- Due to a bad weather forecast, with the cancellation sent 5 days prior to the market, the Stallholder will be refunded only 50% of the booking fee.
- Due to a change of weather during market day, which renders the market inoperable, the Stallholder will not be refunded for the market.
- Due to poor planning and/or loss of venue and/or JOC application delays, the Stallholder will be refunded their full booking fee.

10. Complaint Procedure

Complaints by a Stallholder in respect of any matter affecting the Market must be made in writing to the Markets Manager and must be signed and dated by the complainant.
The Markets Manager shall investigate and deal with the complaints in such way as he in his absolute discretion shall consider appropriate.

11. Compliance with Rules

Each Stallholder, their employees and any other person in attendance at a Stall at any time, must observe and carry out the instructions and directions of the Markets Manager and any members of his staff.
Each Stallholder is responsible for the actions of staff or other individuals working or assisting with the operation of their stall. The Stallholder must ensure that the staff or individuals working or assisting them comply with the Rules of the Market and abide by the directions and instructions issued by the Market Manager.
In the event of any Stallholder or their employee failing to comply with any of these rules, or with any instructions or directions given by the Markets Manager or a member of his staff, may be suspended from trading by the Markets Manager.
1. If the Stallholder is unable to provide a satisfactory explanation for their or their employee’s non-compliance they are liable to have their permission to trade on the Markets permanently revoked by the Markets Manager.
1. There is a Right of Appeal against revocation to the Head of Popping Space. The Appeal must be made in writing and must be lodged within 7 days of the revocation.
All grants of a Stall or position on the Market are subject to the condition that the person to whom the grant is made has read and has agreed to abide by these Rules as they apply to the Market and as they may be altered or amended from time to time by Popping.
11.5 As regards interpretation of these Rules the decision of the Markets Manager shall be final.

Reviewed 20/10/2021