Sussex Concepts Terms & Conditions
- Setting up will occur from 7am to 10am and taking down from 4pm (although some events may vary)
- The Market will open for trading from 10am and will close at 4pm. Stalls should not set-up or take down within this period without consent from the management (subject to fine of no more than a day’s pitch fees)
- Registered stallholders must be in attendance during the market trading times as advertised
- Notification of non-attendance is required on market days via market numbers (07927 568319 or 07984 637841) to allow neighbouring stallholders to spread out and fill in gaps. No refunds/credits will be given or considered on market days.
- Copying the ideas and work of other stallholders may be in breach of creative copyright and is not in the spirit of the market. Any grievances must be in writing and follow the grievance procedure as set out below.
- Raffle tickets may not be sold unless under prior arrangement and the appropriate HBC licence must be held.
- Products and produce with faults must be clearly labelled and sold as seconds.
- No electricity or generators are available. Any generators brought must be low noise and have a PAT certificate and be agreed with management prior to use. Generators are not normally permitted on Kings Road, however should you need power please indicate on your application.
- Traders who sell foodstuffs must comply with the requirements of the current Food Hygiene Regulations and Food Safety Act.
- All Traders are required to display their name and any business name on their stall. Street trading consents must be clearly visible and handed back to management at the end of trading.
- Smoking is not permitted behind any stalls.
- Parking available in side streets around central St Leonards, all vehicles must be off site by 9.00am. Sussex Concepts CIC usually secures the free use of Crystal Square car park during Kings Road markets.
- Acceptance and non-acceptance of applications will be at the sole discretion of Sussex Concepts CIC and will be based on the information given by the applicant on their application; meeting the quality, approved product, locality and availability.
- The management reserves the right to reject applications and not enter into any correspondence or otherwise explain the reasons for its decisions. All decisions made by management are final.
- Site rental and stall positions are totally at the discretion of the market manager.
- Stalls cannot be transferred, sublet, franchised or sold to any other person, nor can they be shared without prior approval.
Fees & Insurance
- Fees must be paid by due dates as per invoice and no more than 1 week before the event. Failure to pay the stall fee on time is a breach of these regulations and future bookings may be cancelled and charged.
- Stallholders who pay by a cheque that is dishonoured will be charged an administration fee of £15.
- Each Stallholder must hold, and provide evidence of the required level of public and product liability insurance covering outside events.
- Each Stallholder must complete and return the HBC street trading consent form and pay the appropriate fee, trading consent fees are included in the stall fees (where applicable).
- Dates booked and not attended will still be charged – Sussex Concepts CIC may take legal proceedings where there is a large amount of unpaid fees.
- Stallholders selling food products must send us a copy of their valid Food Hygiene Certificate and local authority food registration documents and have a food hygiene rating of 3 or higher.
- Failure to comply with health department standards and regulations may result in immediate closure of stall and future stalls may only be reinstated once the management are satisfied all standards and regulations have been adhered to.
Stall Set-up and Equipment
- Stallholders must provide their own covers/marquees and stall set-up which must be good in presentation.
- The marketplace does not provide or hire out any stall equipment unless under prior arrangement, they only provide site area.
- All stall equipment including racks, tables, signage etc must be contained to the stall site boundaries. Public access ways must be clear at all times.
- Tents, covers and all stall equipment must be erected securely and weighted or secured at all times.
- All equipment must in good repair and be operated in a safe manner.
- Electrical equipment must be low voltage and have PAT certification. Gas appliances must have current safety certificates and meet the requirements of the local authority.
- The location of stalls will be determined by the management, whose decision is final.
- Markets will operate in varying weather conditions and stallholders must be prepared for adverse weather.
- Stallholders may pack up their stall due to adverse weather conditions but may not move unless permission is given by the management.
- No refunds/credits are given for the cancellation of markets and/or reduced trading hours on market days due to adverse weather conditions by the stallholder and/or the Management.
- In the instance that the Management cancels a market date at any time, the management will make every effort to reschedule the cancelled market and all fees paid for that market will be transferred to the new date.
- The management will not be held responsible for any loss, damage or injury whatsoever resulting from adverse weather conditions.
Occupational Health and Safety
- Stallholders must drive within the market area at a safe speed that is no greater than 5 mph
- Vehicles are not permitted to move within the market area 30 minutes prior and 15 minutes after the markets advertised trading times.
- In the interest of health, safety and hygiene, stallholders DOGS are not permitted on stalls that are selling food.
- Within market area, smoking is not permitted behind any stall.
Waste and Rubbish Removal
- Stallholders are required to remove their own rubbish and waste from their immediate stall location. Boxes & cartons must be removed from market area. Failure to do so may result in an imposed charge, currently £25 per sack/item.
- The waste bins provided at the markets are for the general public use only.
- Stallholders are responsible for leaving their site and surrounding area clean, tidy and undamaged.
General: Stallholders Code of Conduct and Responsibilities
- Stallholders must respond co-operatively to any direction given by the management in relation to the operation and occupation of their stall, equipment, goods and vehicle during operating times and any direction of a security or safety nature.
- Stallholders must not act in a verbally or physically abusive, dangerous, or disruptive manner and if so it will not be tolerated and will result in immediate termination.
- Stallholders must ensure that their activities do not endanger the safety or security of any people at the Market.
- Stallholders must not cause damage, make alterations or additions of any nature to, or carry out works of any nature to market site property and that, if any damage is caused, the costs of any repairs, making good or replacement are borne by the stallholder.
- Stallholders must comply with all the terms contained in these regulations and must comply with any changes to the market regulations, or any relevant local government and other statutory laws & regulations
- Stallholders must report to the management any incident or accident to any person or property that involves loss or could be expected to give rise to a claim.
Warranties & Representations of Stallholders
The management permits the stallholder to attend the market in reliance on the following warranties and representations hereby made by the stallholder:
- The stallholder is the owner of the approved products with full power and capacity to sell absolute legal and beneficial ownership of the approved products to a third party without any encumbrance.
- The stallholder is not in reliance on any representation or statement made by the management that is not expressly contained in these regulations.
- The stallholder is responsible for obtaining all relevant permits and permits required to operate the stallholder’s business and all merchandise sold complies with all relevant safety and compliance standards and retail laws currently in force;
- The stallholder does not bring into the market any hazardous materials of substances; and
- The stallholder will comply with all of the terms contained in these regulations and will comply with any changes to the market regulations, or any relevant local government and other statutory laws and regulations.
Without limiting the generality of these terms, the stallholder acknowledges and agrees the management is not liable for any claim or loss suffered or incurred by the stallholder in relation to or in connection with:
- Theft or damage of approved products, equipment or goods under the control of the stallholder or any other property of the stallholder at any time including times when the market is not trading;
- Any failure by the stallholder to sell the approved products;
- Any journey from or to the market;
- Anything occurring off the market site, including anything that occurs at market;
- Damage or injury to any property or person.
These limitation provisions are intended to replace any other terms, conditions, warranties and representations implied by statue or otherwise and, accordingly, all such terms are excluded unless the following applies. Certain legislation may imply warranties or conditions or impose obligations on the Management which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. The limitation provisions are subject to these statutory provisions. In particular, if the statutory provisions apply, the management’s liability is not limited, in the case of any legislation that prevents any limitation the management’s liability or, if the legislation does permit a limitation of liability, the managements liability is limited to the cost of the management refunding the Stall Fee.
Without limiting the generality of any other provision of these regulations, the stallholder hereby indemnifies and holds the management harmless from and against all claims for Loss arising in connection with or in relation to:
- The Stallholder’s occupation of the market;
- The sale or attempted sale of the approved products or any other products or services;
- Any injury or harm suffered by the stallholder;
- Any injury or harm caused to any property or suffered by any person as a direct or indirect consequence, in whole or in part, of any act or omission by the stallholder;
- Any loss of or damage to the stallholder’s property regardless of the cause of that loss or damage;
- The death of any person of a consequence, in whole or in part, of any act or omission by the stallholder;
- Any breach of these regulations by the stallholder; or
- Any legal costs on a full indemnity basis incurred by the management as a result of the stallholder’s breach of these regulations.
Exclusion of Liability
The Stallholder acknowledges and agrees that the management makes no warranty or representation in relation to or in connection with the stallholder’s occupation or use of the market. Without limiting the generality of this clause, the stallholder acknowledges and agrees that the management has made no warranty or representation in relation to or in connection with:
- The prospects of the stallholder for selling the approved products at the market;
- The stallholder’s access to people visiting the market or the access those people have to the stallholder;
- The existence, number or quality of products that will compete with the approved products for the attention of prospective buyers;
- The existence or extent of services and/or facilities of any kind at the market;
- The position within the market that the stallholder will occupy;
- The suitability of the market for any particular purpose or the existence of any latent or patent defect at the market;
- The extent, if any, to which other visitors to the market might interfere with the stallholder’s use of the market;
- The existence or extent of any advertising or promotional activity or material that may or may not be published or undertaken by the management;
- The existence or extent of any security measures undertaken to protect the stallholder, the approved products and/or the market against terrorist or other criminal activity; or
- The existence or extent of any security at the market;
The managements consent to the stallholder to attend the market does not convey to the stallholder any ongoing rights in relation to the market into the future and such approval can be terminated by the management at any time in writing and without any period of notice. The management reserves the right to undertake any of the following actions without notice:
- Re-locate a stallholder to another stall space within the market.
- Require the stallholder to remove from sale any goods or services offered by the stallholder which are not approved products; or
- Request that the stallholder undertake any reasonable measure which in the opinion of the management will improve the safety of the stall or to raise the level presentation of the stall and its products.
Should a grievance arise please raise this verbally with a member of management or Sussex Concepts staff in the first instance. Should your grievance not be resolved to your satisfaction then please put it in writing to Sussex Concepts within 14 days of the event, stating the nature of the grievance and what you perceive to be a satisfactory outcome. We will then respond within 7 working days. Where a grievance cannot be resolved to your satisfaction, Sussex Concepts CIC’s decision will be final. Failure to follow the above and simply bemoan to fellow traders/management/outside sources such as press or other market companies may result in all future markets and events being withdrawn for the trader, and any fees paid upfront will be forfeit.
The management reserves the right to withhold consent to a stallholder to occupy a stall at the market, to remove or to have removed from the market, a stallholder who is in breach or does not comply with the regulations, including where a stallholder:
- Fails to pay their stall fee in a timely manner;
- Fails to abide by the markets set up or pack up conditions;
- Fails to abide by the market’s trading hours;
- Fails to abide by the terms and conditions of the market’s rules and regulations;
- Fails to limit the products offered for sale to approved;
- Commits a criminal act at the market; or
- Behaves in a manner that breaches the market’s Code of Conduct.
All traders, caterers, their contractors and employees (Traders) are subject to the rules and regulations of Sussex Concepts CIC and by attending the Market are agreeing to be bound by these rules and regulations.
Please confirm that you have read the above Terms and Conditions and agree to be bound by these rules and regulations during the market/event as booked by ticking the box on the Booking Form.