Market operator's licence

1. In these conditions:

1. 'the premises' means the premises set out in the licence, and includes any markets held outside or in temporary premises;
2. 'trader' means any person selling goods to the public at a market; and
3. 'stall' includes any stall or vehicle which goods are sold from

2. You must display this licence at the premises when the market is taking place, so that it can be easily read by all members of the public at the market.
3. You must hold a market only at the place set out in this licence.
4. You must only hold a market on the day or days and at times shown in this licence.
5. You must make sure that you provide toilet facilities to a standard our head of environmental health is happy with.
6. You must make sure that there is no alcohol on or being drunk in the premises and you must not allow anyone who is drunk in the premises.  You must make sure that you keep good order while a market is being held and help the police in dealing with any incidents or in arresting people who have committed an offence.
7. You must make sure that you provide enough litter bins on the premises at all times for stallholders and members of the public to use (our environmental health service will decide if there are enough bins). You must make sure that the bins are emptied regularly and that you keep pavements or public areas around the premises clear of litter at all times. You must also collect and remove any paper, rubbish or other waste which may build up during the market, and when the market ends each day, leave the premises in a neat and tidy condition.
8. You must not in any way change or damage the licence.
9. You must keep to any recommendations which the Fire and Rescue Service may make and, if the premises includes any business which provides or supplies food, the Food Safety Act 1990 and all other relevant laws including the Food Safety (General Food Hygiene Regulations 1995).   If you are selling or trading foods, you must register your business under the Food Safety Act 1990.  You must also make sure that all other food traders using the market are also registered and that any food business on the site keeps to the conditions of the Food Safety Act 1990 and the Food Safety (General Food Hygiene Regulations 1995).
10. You must keep to any recommendations and instructions you receive from Scottish Fire and Rescue Service.
11. You must keep to all relevant laws including the Building (Scotland) Act 1959-1970, the Town and Country Planning (Scotland) Act, the Health and Safety at Work Act 1974 and any other laws in force from time to time.
12. Under the Environmental Protection Act 1990, you must make sure that you do not cause any noise nuisance and you must keep any music (including amplified music) and speech at a level which will not cause nuisance.
13. You must not use any loudspeaker, horn, whistle or other device to advertise your business.
14. You must provide insurance cover for all stallholders against claims other people make of up to £1 million, caused by negligence of stallholders or any of your employees (in other words, something they do or fail to do).
15. You must make sure that any of our authorised officers, any officer of the Fire and Rescue Service or any police officer can, before, during and after the market, get access to the premises at any time to inspect them.
16. You must not allow people to stand around the market’s entrances or exits or block any passageways.  You must also make sure that all public rights of way, passageways and service corridors are kept clear and not blocked by goods, or anyone trying to attract customers, while the market is open for business.
17. You must make sure that there are enough trained attendants on duty at the premises, when the premises are open to the public.
18. You must not sell any of the following compounds, liquids or chemicals to people who are under 18, unless those products have been altered to prevent solvent abuse.

Any compound liquid or chemical containing acetone, amyl, acetate, benzene, butane, carbon tetrachloride, cyclohexanone, ethyl acetate, hexane, isopropanol, methyl ethyl ketone, methyl isobutyl ketone, methyl cellosolve acetate, methylene chloride, petroleum hydrocarbons, tetrachloroethylene, totoul, toluene, trichloroethane, trichloroethylene or xylene.

19. You must choose someone to be a first-aider.  This person must be suitably qualified and must be at the market during trading hours and while stalls are being put up and taken down. It is your responsibility to carry out a risk assessment and establish the first aid requirements for the event taking into account the type and number of people likely to attend. You may wish to contact Environmental Services direct to discuss the risk assessment and confirm the first aid requirements for each individual event.
20. You must not allow anyone to take into the market any flammable liquids, explosives or fireworks or other items likely to cause fires or explosions, without first getting our permission.
21. We are allowed to stop any trader from taking part in the market.
22. You must keep a register of stalls, with a note of each stallholder’s name and address (and vehicle registration number if the trader has brought their vehicle into the market) and who the stall is given to on each market day.
23. We may suspend this licence if we believe you are no longer fit to hold it.   This may be because you have been convicted of an offence since we awarded or renewed the licence, or any other reason, or because carrying out the activity this licence relates to is causing unnecessary nuisance or risk to the public.
24. You must make sure you keep to any order or instruction any police officer (when on duty) gives you:

• to avoid creating obstacles or annoying the public or the people living or working in any nearby premises;
• in connection with any emergency or disturbance; or
• at any time when the officer considers it in the public interest to give the order or instruction

25. You must make sure that you take account of the conditions of the Health and Safety at Work etc Act 1974, which deal with the general duties of employers and self-employed employers to their employees, themselves and other people.