Annex C .Model market regulations
Contents - Previous - Next
The following comprehensive set of regulations are based on a number of sources, the main ones being the model regulations prepared by FAO for markets in the Eastern Caribbean (de Balogh, 1988) and the standard conditions used by the City of Westminster, London for controlling licensed street traders. The regulations will need to be reviewed by the users of this Manual to select what is appropriate in the prevailing conditions so that a relevant and enforceable set of regulations can be drawn up.
|Legislation||1. These regulations are made by the "Council" or "Authority" (insert name) pursuant to (insert the name of the enabling Act and any relevant section) and prescribe the standard conditions applicable to public markets and street trading.|
|Definitions||2. In the
Regulations, unless the context otherwise requires, the
following meanings shall apply:
2a. "Street/market trading" shall have the meaning ascribed in the enabling legislation (insert name of enabling legislation).
2b. "Council" or "Market Authority" means the relevant (insert name) Council or Authority.
2c. "Licensed trader" means any person licensed under the Act for market or street trading.
2d. "Advertisement" means any word, letter, model, sign, hoarding, placard, board, notice, whether illuminated or not, and employed wholly or partly for the purpose of, advertising.
2e. "Assistant" means a person employed by and acting under the direction of a trader to assist in the business of the stall and whose name/address has been notified to the Council or Authority.
2f. "Awning" means a sheet of canvas or other material, used as a protection against the weather, and which projects as an extension of the roof beyond the structure of the stall.
2g."Goods" means any goods, wares or merchandise for sale or display at a stall.
2h. "Licensed pitch" means a pitch authorised as a place at which market or street trading may be engaged in by a trader, including any temporary alternative place approved by a duly authorised officer of the Council or Authority.
2i. "Pitch limits" means the authorised ground markings defining the area within which a street or market trading stall is to be contained.
2j. "Refuse" includes any waste material.
2k. "Stall" means any structure occupying a licensed pitch and used by a trader for display of goods, in connection with his or her business, including all goods offered for sale and any additional structure or equipment used as part of the stall or business. On "isolated pitches" this also includes all rubbish created as a result of the business.
2l. "Premises" means any shop, or other premises immediately behind the licensed pitch or stall.
2m. "Trader" means a person in whose name a current licence is held and who is authorised to sell from a licensed stall or pitch. (Ideally, all traders should be licensed so that regulations can be fully enforced, but the minimum level of licensing should be for all traders in meat, fish, poultry, dairy products and mushrooms).
|General||3. The grant of
a trading licence shall not be deemed to give any
approval or consent which may be needed under By-laws,
enactment or regulations other than the enabling Act.
4. The marginal notes inserted in these Regulations are inserted for the purpose of convenience only and shall not in any way affect the meaning or construction thereof. 5. These conditions may be dispensed with or modified by the Council or Authority in any individual case by means of a licence variation in accordance with the statutory requirements.
6. Where in these conditions there is reference to the consent or agreement of the Council or Authority such consent or agreement may be given on such terms and conditions and subject to such restrictions as may be so specified.
7. If a trader wishes any of the terms of a licence to be varied an application must be made in writing to the Council or Authority.
|Market control||8. The
administration of the market is carried out by the
Council or Market Authority through the Supervisor or
other person in charge.
9. The responsibility of operation of the market rests with the Market Master.
10. All staff of the market work under the immediate direction of the Market Master.
11. Every user shall respect the regulations publicly displayed in the market. It shall be the duty of the Market Master or any other officer-in-charge to prosecute any person breaking the rules.
12. Every user shall obey the orders and directions of the Market Master or his/her Assistant and shall not in any way obstruct or hinder market personnel in the performance or their duties.
13. Attention shall be called to the Market Master of any person found breaking the present rules. For a first offence a verbal warning shall be given. For a second offence a written warning shall be issued. For a third offence a fine will be automatically imposed.
14. The Council or Market Authority has the right to change the users from one stall to another at any time according to the requirements for the proper functioning of the market.
15. Only persons having genuine business in the market shall be admitted. The Council or Market Authority has the right to refuse admission of unauthorised persons or vehicles into the market.
16. No person shall sell or expose for sale any goods, wares or merchandise in any part of the market other than in the areas assigned by the Market Personnel for that purpose .
17. The Market Master shall allocate stalls and space, according to the availability of space, the pattern of vending and the type of products sold.
|Market fees||18. All traders must pay the appropriate fees established by the competent authority and obtain a receipt (the trader should be referred to a current schedule of fees, which should be annexed to the regulations).|
types of stalls shall be leased for a period not
exceeding one year, on the basis of a standard form of
contract between the market traders and the Council or
Market Authority. Such a contract is renewable every
year, under agreed conditions. Rental for stalls should
be paid in advance per week or month as agreed. 20.
Defaults in payment shall cause immediate termination of
the lease contracts.
21. No lessee or occupant of any stall shall assign his lease or sub-let his stall without the written permission of the Council or Market Authority.
|Owner's risk||22. All goods
taken into the market shall remain at the sole risk of
the owners and the Council or Market Authority shall not.
under any circum stances, be liable for any loss or
23. If any loss or damage is occasioned by the act, neglect or default of any market staff they alone shall be liable for any such loss or damage.
|Use of market||24. The passage
ways in the market area should be properly marked, and
kept free from obstacles. No vendors shall cause any
encroachment to the tree passage ways of the market area.
25. No tables, boxes or other obstruction shall be placed in front of or around the stalls.
26. In cases where individual market users wish to erect specific complementary structures at their own cost, they shall require the written approval of the Council or Market Authority.
27. The use of market premises for other than licensed purposes shall be discouraged.
person renting a stall or shop per week or month for the
sale of any commodity shall use the entire premises for
the specified purpose.
29. Every person selling at a stall shall remain at or near the stall while attending to business.
30. Products sold in the market shall be of an acceptable quality, be handled with care and have an indication of prices in appropriate units. The Council or Authority reserves the right to reject poor quality produce.
31. All products exposed for sale shall be sold to any person tendering the asking price without any unreasonable or unnecessary delay.
|Conduct||32 Traders and
their assistants shall ensure the general public are
treated fairly and honestly.
33. Traders shall ensure that their staff are com petent, courteous and helpful to the public.
34. Traders shall give every assistance to Council or Authority officers in carrying out their duties.
35. No person shall sit or lie on the pavement or any bench or stall in the market, or cause any obstruction to the free passage of others in the market.
36. No person shall cause any disturbance or use abusive language in any section of the market.
37. No person shall smoke in the sections designated as "No Smoking" in the market.
38. No person shall be admitted into the market in an intoxicated state.
39. No alcoholic drinks shall be sold within the market, with the exception of sections provided for that purpose. Corresponding provisions shall be made in the lease contract.
|Assistants||40. Traders shall, if required, notify the Council or Market Authority in writing of the name of any assistant which they employ on the stall; details of any changes; or other relevant information regarding assistants.|
|Weights||41. All scales
used by vendors shall be accurate and show the correct
weight. Periodic checks shall be made by the market staff
(or corresponding government service) and defective
42. In the market office a control scale shall be made available for the users to effect checks.
|Days and times||43. Trading may
only take place on the days and during times specified by
the Market Master:
specify time and days by market location
specify time on public holidays - to be fixed by the appropriate authority and made public well in advance by the Council or Authority.
44. Traders shall commence trading, with their stall being in position and all goods contained within the pitch area, by the specified times.
45. If the pitch is not utilised by the licensed trader by the above time without the prior approval of the Council or Market Authority or their representative, the Market Master may at his/her discretion re-let the pitch for that day.
46. Where valid reasons exist the Council or Market Authority shall vary opening and closing hours according to local needs.
47. The opening of the market shall be notified by the sounding of a signal. The Market Master will be responsible to ensure that the signal is sounded. A signal will also be given half an hour before the market's closing time.
48. Half an hour before opening of the market, the Market Master or other person-in-charge shall inspect the market and ensure proper conditions of operation and, in case of finding defects, shall take the necessary action.
49. After the closure of the market, the Market Master or other person-in- charge shall carry out an inspection, reporting all defects encountered in the market and take the necessary measures.
50. No person except the market staff, and officials connected with market activities, may remain on the premises after closure. All other persons will require authorisation from the Market Master.
|Position||51 The trader shall trade only from the position which is indicated on the licence and only those goods specified on the licence may be sold at the licensed pitch or stall.|
|Pitch size||52. The trading area shall not exceed the dimensions specified on the licence and any pitch limits marked on the ground during trading hours except during immediate re- stocking.|
|Licence plate||53. Traders shall at all times display a plate supplied by the Council or Market Authority indicating the licensed pitch number of the stall. This plate shall be kept prominently and permanently exhibited on the stall together with the name, or business name of the trader.|
|Advertising||54. No unauthorised advertisement or handbill shall be displayed on the licensed pitch which relates to any goods, commodities or services other than those offered for sale or provided on that pitch.|
|Receptacles||55. Where appropriate, only those receptacles or containers approved by the Council or Market Authority shall be used by the trader.|
|Refuse||56. The users
shall keep the stalls and adjacent areas clean during
operation of the market. All refuse arising as a result
of the trader's activities shall be placed in suitable
covered containers provided by the trader, unless
otherwise provided by the Council or Authority, and shall
be kept exclusively for that purpose. Such containers
shall be kept as clean as is reasonably possible.
57. Refuse containers shall at set times be emptied into any vehicle, container or compactor provi ded by the Council or Authority for that purpose.
58. Products that show signs of decomposition should be disposed of by the Council or Authority in collaboration with the Public Health Authority.
|First aid||59. A first-aid kit shall be placed in the Market Master's office.|
|Fire safety||60. The Council
or Market Authority shall ensure that fire safety
measures and rules are imple mented, and that
extinguishers and hydrants are properly installed,
maintained and marked.
61. No person shall make any fire, or cook food in the market, except within the area provided for that purpose. Heat producing equipment (e.g. braziers) shall be so placed within the trading area as to provide maximum safety to the public. The position of such equipment in relation to other goods or materials shall be agreed with the Council or Market Authority.
|Services||62. The only connection between stalls on the footpath and other stalls or premises shall be for the purposes of electric lighting or other agreed services. Any such connections shall be readily detachable and detailed arrangements agreed with the Council or Market Authority.|
power supplies including lights and refrigeration units
or other electrical equipment, shall be not be installed
without appropriate consent from the Council or Market
64 The Market Master shall specify the areas where lights shall be kept on during the night.
65. All electrical cables that are suspended over the public footpath shall have a minimum clearance of 2.6 metres from the footpath surface and 5 metres from the surface of the carriageway.
|66. Where mobile electrical generators are employed they shall be positioned so that: they do not present a danger to the passing public; they do not present a fire or similar hazard risk to the stall or goods displayed thereon; they do not cause any nuisance to market users from noise or fumes; and that any inflammable fuel for the generator shall be stored away from the stall in a container approved by the Fire Brigade. 67. All electrical wiring/components shall comply with the basic specification of the statutory authority and be earthed/insulated accordingly. Electrical power scales and tills and testing of electrical goods.|
|Head room||68. The
distance above ground level of any part of a roof,
awning, stall support or goods suspended from any of
these, shall (unless a dispensation has been granted by
the Council or Authority) be a minimum height of 2 metres
and a maximum height of 2.8 metres. The roof awning or
any other projection shall be contained within the pitch
area unless agreed by the Council or Authority, in which
case such awnings shall have a maximum forward projection
over the footpath of I metre and no awning shall come
within I metre of any road kerb. Display limits
69. All goods, containers (except refuse containers used solely or the purpose) or other articles shall be contained within the licensed pitch area and height and shall not project beyond. Stall removal
70. Mobile stalls shall conform with the standards set down by the Council or Market Authority and be easily and immediately removable.
71. Traders or their assistants shall remove the stall and goods for so long as may be necessary in the event of an emergency or in exercise of the Council or Authority's powers and duties; if required to do so by a police officer or a duly authorised officer of the Council or Authority.
72. Temporary stalls and goods belonging to street traders shall be removed from public highways to the place of storage, as stated on the application form, or such other alternative place subsequently agreed by the Council or Authority in writing, within one and a half hours of the time prescribed on the licence as the end of the trading day.
|Loading||73. Loading and unloading of goods shall be done at fixed hours and through the entrances designated for such purposes by the Council or Market Authority. It shall be carried out as quickly as possible and the vehicle removed immediately on completion. This condition shall not apply when waiting restrictions are in force.|
|Parking||74. Except for the purpose of loading and unloading goods, a licensed trader shall only leave his/her vehicle in an approved parking spaces. Where such provision is made for parking vehicles, they shall be parked in an orderly manner in the space marked for that purpose.|
|Vehicles||75. No vehicles
shall block or obstruct any of the entrances or other
working areas of the market.
76. Engines of stationary vehicles shall not be kept running.
77. No vehicle shall be repaired or washed within the market compound.
78. No person shall ride bicycles or motorbikes in the market, except in the areas designated for that purpose. Hand-carts shall be operated with care by authorised persons only, and in an orderly manner.
|Maintenance||79. Tenants shall keep and maintain the interior of the leased premises, doors, windows, floors and ceilings in good condition and repair.|
|Damage||80. No person
shall break, pull down, or otherwise destroy the market
structures or equipment.
81. Traders must not intentionally allow the use of pitches to cause damage to roads or footpaths.
82. No person shall use any axe, cleaver, chopper, knife or other instrument on any marble or concrete slab of the market stall or part thereof, but shall use the wooden chopping block and cutting boards provided for this purpose.
83. The occupant of every stall shall be responsible and accountable for any damage done to the slate, marble, concrete or other parts of the stall or to the fixtures and fittings thereof.
84. The cost of any damage shall be determined between the Market Master and stall occupant and such amount be paid in full by the occupant.
|Meat and fish||85. All meat,
edible offal and blood products shall be examined by the
Public/Veterinary Health Authorities before being offered
for sale. The Council or Market Authority shall make
adequate arrangements for ensuring final inspection of
the meat products prior to sale.
86. All meat entering the market must be properly covered to avoid contamination.
87. Stalls, hooks, cutting boards and instruments shall be kept clean and in good repair.
88. Fresh fish shall be sold properly iced.
89. Major waste of grease, bones, guts and scales in the meat and fish sections shall be properly disposed of and put in the containers provided by the Council or Market Authority.
|Health permit||90. The operators and all assistants handling meat and fish shall have a valid Food Handlers' Permit issued by the Health Authorities.|
|Live animals||91. No person
shall bring any live animal into the market area, unless
this is in the space/location provided by the Council or
92. No animal shall be killed in the market precinct, unless this is using the facilities provided by the Council or Market Authority.
|Charcoal||93. Charcoal shall be sold in specific areas and the vendors shall keep the respective areas clean.|
shall notify in writing the Council or Authority of any
change of address at which the stall or perishable goods
are stored. Such notice shall be given within 7 days of
95. Where the Council or Market Authority provides storage within the market, the storeroom will be open for one hour after the market is opened. and one hour after closing time. For additional opening hours convenient arrangements shall be made with the Market Master
|Liability||96. The Council or Market Authority is not liable for any claims made by third parties against the actions or omissions of traders in the market. (Ideally, traders should take out third party insurance cover with a liability level of at least100 times the average annual salary level prevailing in the country in question).|
Contents - Previous - Next