St Mary’s Market Hand Book 1 St Marys Indoor

st mary’s market hand book 1. st marys indoor market 2. national fraud intiave 3. evacuation

St Mary’s Market Hand Book
1.
St Marys Indoor Market
2.
National Fraud Intiave
3.
Evacuation
4.
St Helens Council Equality Policy
5.
Code of Conduct
6.
Useful Contact Information
This document is to be read in conjunction with the standard lease /
license which is issued to all tenants within St Mary’s Market.
All the above documentation along with this hand book can be found at
www.sthelens.gov.uk/markets
1. ST. MARY'S INDOOR MARKET
Occupation of all indoor units will be subject to the terms and
conditions of a Council Standard lease document for St. Mary's Indoor
Market and the Council's Markets Handbook
The Council operate the following letting options in the market.
A formal assignable six day Lease available on all units
A formal six day licence on all units
All vacant units will be advertised for let, both inside the stalls
and in any marketing material.
Applications for vacant units will only be considered if returned on a
formal application form to the Markets Manager together with the
relevant documents
Public Liability Insurance, minium of £5 million
Photographic I.D.
Utility Bill (no older than 3 months)
National Insurance number
The Markets Manager may also request such other additional information
as appropriate including trade experience etc.
Allocation of a unit in the Market will be by the Market Manager and
subject to approval by the Head of Regeneration
Traders must sign and return a copy of their tenency agreement and pay
the relevant deposit before taking up occupation of their allocated
unit.
Unit allocations will be made subject to the suitability of the
commodity and the trader. At the time of application.
1.1 Additional Goods
Clause 3 (4) of the Standard lease enables the Council to approve or
not approval of additional goods to the "Permitted Goods" list on the
respective leases at its discretion on a temporary or permanent basis
and subject to conditions.
Traders must request any changes to their permitted goods, in writing,
to the Market Manager and subject to approval by Head of Regeneration
Any change of condition of lease / licence will result in a charge for
the council to prepare the relevant paperwork i.e. licensing of
additional items by deed of variation.
1.2 Vacant Stalls
All vacant stalls will be advertised on the Market notice board with
letters sent out to all traders as stalls become vacant.
The stalls will be advertised for a period of two weeks. During this
period, all applications will be considered from all traders.
All applications must be in writing.
If there is only a single applicant, they will not be permitted to
move to a different stall / unit if they are in arrears.
After the two week period if there are more than one applicant for the
stall/s the following criteria below will be used in allocating the
stall/s. Each stage of this criteria is weighted due to how important
this stage is in relation to reaching a decision on filling the
Market.
The decision to allocate the stall / unit will be made based on the
traders fullfilling this criteria at each stage i.e. a sucessful
applicant can be anounced at stage 1 or stage 2 or stage 3 etc, etc
1.
Does the trader have arrears or a history of arrears
2.
Commodity – Underrepresented goods will take preference over those
goods arlready represented. The commodity threshold list can be
found at the rear of this document. Any additional commodities
over and above those stated in the threshold will not be allowed
3.
The use of multiple stalls (i.e. a trader wanting two stalls will
take preference over a trader wanting one)
4.
Has the trader contraveined Licence/Lease conditions
5.
Has the trader used the positions previously
The decision on all lettings will be made by the Markets Manager. In
the case of a dispute, the final decision will be made by the Head of
Regeneration.
1.3 Encroachment
All tenanted traders are reminded of the following clauses within
their tenancy agreements:-
3. (10) To keep clear of obstruction and clean and tidy the
passageways and aisles immediately adjacent to the Unit
3. (11) Not to place any goods or other articles whatsoever in the
passageways or aisles of the Market or (without prejudice to the
generality of the foregoing) to hang or extend any goods or articles
beyond the sides of or above the top of the Unit for display
All tenanted traders business signs which need to be placed above
their tenanted unit will require approval from St Helens Council
All tenanted traders are to refrain from obstructing the sprinkler
system
All tenanted traders will not be insured for a trip hazard outside of
their tenanted allocated unit.
Any potential insurance claims against the tenanted trader that
follows, will result in the trader being liable to the injured party
All tenanted traders will not be covered by insurance for any theft,
losses or damages to goods or articles placed outside of their
allocated unit
All tenanted traders must comply with all reasonable requests from all
Market Officers appointed by the Council
St Helen’s Councils Obligations
4.(2) of the tenancy agreements states :- to keep all windows doors
staircases passageways aisles entrances and approaches in or to the
Market clean tidy and clear from obstruction.
Along with the above clause the Council will fulfil the following
obligations:-
The market will be inspected periodically during market opening hours
Market Officers, upon finding any issues regarding encroachment will
inform the trader of the encroachment and will work with the tenanted
trader to rectify the problem
If the problem with encroachment persists, steps will be taken in line
with the Enforcement Procedure to rectify the problem
This could result in goods being removed and stored in a secure
location, warning letters issued which could ultimately resulting in
termination of your tenancy agreement
1.4 Enforcement Procedure
This procedure has been devised to ensure that all tenanted traders
are dealt with in a fair and equitable manner.
All Statutory Rules, Regulations and Byelaws relating to any business
carried on in the Market shall be observed at all times
The Council Officer shall mean a duly authorised representative of the
Councils Markets Department
All reasonable instructions of the Council and its Officers shall be
complied with
All warnings will stay on the traders file indefinitely and may be
referred to at a later date
Stage 1 Verbal Warning
Following a minor breach of market regulations the Market Officer or
Duly Appointed Officer will work with the trader to rectify the minor
problem, if this problem keeps re occurring then the Market Officer or
Duly Appointed Officer will issue a verbal instruction to the offender
and remind the trader that this practise must cease forthwith. A copy
of such warning is to be retained on the traders file
Stage 2 Second Warning
Failure to comply with a verbal warning or depending upon the severity
off the offence i.e. abusive language or any form off harassment
The Market Officer or the Duly Appointed Officer will issue a written
warning clearly identifying the grounds upon which the warning is to
be issued. A copy of such warning is to be retained on the traders
file
Stage 3 Final Warning
Failure to comply with a written warning or a major breach of market
regulations which is deemed to be of a more serious nature i.e.
misconduct of words or actions
The Markets Officer or the Duly Appointed Officer will issue a final
written warning, clearly indicating the current grounds upon which the
final warning is to be issued and referring to any pervious warnings
if any apply. A copy of such warning is to be retained on the traders
file
The Market Trader has the right to appeal in writing within 7 working
days from the date off the notice to the Markets Manager or the
Estates Manager
Stage 4 Suspension Pending Termination
Failure to comply with a Final Written Warning or a serious breach of
Market Regulations i.e. Gross Misconduct e.g. assault or continuation
of successive offences or breach of Council Policies
The trader will be issued with a Notice of Suspension, preventing the
trader from occupying the stall or pitch on the market or from working
on the market until complying with market regulations
All Notices of Suspension shall state the details of the offence, the
date the suspension is to start and end and the time scale for the
appeal against the notice
All rent will be liable during the suspension period.
The trader who receives a Notice of Suspension, may appeal in writing
to the Markets Manager or the Estates Manager within 7 working days
from the date of the notice, the trader shall have the right to be
heard in person and represented upon request, the trader will not be
allowed to trade until a decision is made
The trader will be notified in writing of the decision made within 14
working days, from the appeal date
If no appeal is made within 7 working days then the trader’s right to
trade to the market will cease and the position will be re let
1.5 Debt Recovery
St Marys Debt Recovery
This procedure is to be read in conjunction with the Council’s
Financial Procedures and Debt Recovery Policy which can be found on
the Councils Website
Identification of a bad debt
A bad debt is a debt whereby action will need to be taken to recover
any outstanding arrears.
For the purposes of debt management, any trader who is 2 weeks in
arrears will be classed as a bad debt.
Any trader falling into arrears which are classed as a bad debt will
be given the oportunity to arrange payment to the Markets Manager as
soon as is possible. The Markets Manager will not accept any figure
less than 25% of the traders weekly rent in addition to their weekly
rental payment.
The Markets Manager will submit a repayment plan to the trader who
will sign to accept the plan. A copy of which will be placed on the
traders file.
If the plan is not adhered to, the Markets Manager will seek Senior
Officer approval via an admin decision that the trader be served
notice and the outstanding arrears be collected in line with the
Councils Sundry Debt Recovery Procedure
Termination
Upon advice from the Councils Legal Department, the Market Management
will execute the means by which the Council will terminate the tenancy
and take possession of the unit.
An assessment of the unit will then be made and the securing /
disposal of any stock will also be carried out in line with the legal
advice given.
Corporate Debt Recovery
Once possession of the unit has been taken, a final invoice will be
determined based on the traders final account and any works needed to
be carried out to make the unit suitable for let. This figure will
then be invoiced to the trader via the Councils invoicing system
2. NATIONAL FRAUD INITIAVE (NFI)
The Council are required under section six of the AuditCommission Act
1998 to participate in the National Fraud Initiative (NFI) data
matching exercise. The Council advises all traders that the data held
by the Authority in respect of trader details will be used for
cross-system and cross authority comparison purposes for the
prevention and detection of fraud
3. Evacuation
PLEASE NOTE: AN EMERGENCY EVACUATION OF THE BUILDING MUST FOLLOW THIS
PROCEDURE, e.g. fire, gas leak, bomb alert
It is imperative that all fire exits are used only in the event of an
emergency and are kept clear at all other times
IF YOU DISCOVER A FIRE: Immediately operate the nearest fire alarm
call point.
ON HEARING THE ALARM:
All Traders – immediately evacuate the building through the nearest
exit, i.e. the glass double doors, church square shopping centre or
any of the side fire escapes toward the glass end of the Market
A member of the markets team will alert the fire brigade and start the
evacuation procedure.
Once outside, wait to be directed back into the building by a member
of the markets team.
•
Always use the nearest fire exit.
•
On no account wait for everyone to leave or tally up any takings
•
Do not stop to collect personal belongings
•
Do no re-enter the building
Assembly Points:
There are four main assembly points.
1.
Church Square Shopping Centre – Any trader escaping through the
shopping centre must wait outside the centre, to be directed by
the centre security staff.
2.
The glass doors behind the Market café.
3.
At the side of Yates & Greer / Nail Bar.
4) The service yard.
•
The Market team will co-ordinate with the shopping centre / fire
brigade if and when it is safe to re-enter the building
•
In the event of a missing person, report it immediately to the markets
team. DO NOT GO BACK INTO THE Building.
•
In the event of a missing person thought to be still in the building,
the market team will aim to locate their whereabouts from outside the
building in order to inform the Fire and Rescue service.
4. STHELENS COUNCILS EQUALITY POLICY
St.Helens Council’s work is guided by a clear set of objectives to
eliminate unlawful discrimination, harassment and victimisation,
advance equality of opportunity and foster good relations between
people within a diverse community. We are determined to do everything
we can to make sure that people are treated fairly, that everyone has
access to good quality services and all can take part in shaping the
Borough’s future.
Unlawful discrimination, harassment and victimisation in any aspect of
the Council’s service delivery arrangements, will not be acceptable
under any circumstances.
4.1 Harassment
Harassment in its simplest terms, means being subject to “unwanted
behaviour”.
Unlawful harassment is unacceptable to St.Helens Council. It is our
policy to eliminate it whether it occurs in policy, service delivery
or employment.
Harassment occurs when a person is subject to unwanted conduct that is
related to a relevant protected characteristic and which has the
purpose or the effect of:
Violating the person’s dignity; or creating an intimidating, hostile,
degrading, humiliating or offensive environment for the person.
Unwanted conduct covers a wide range of behaviour, including spoken or
written words or abuse, imagery, graffiti, physical gestures, facial
expressions, mimicry, jokes, pranks, acts affecting a person’s
surroundings or other physical behaviour.
The unwanted conduct does not have to be directed at any particular
person and a person does not have to share the protected
characteristic order to find the unwanted
conduct intimidating, hostile, degrading, humiliating or offensive.
‘Unwanted’ does not mean that express objection must be made to the
conduct before it is deemed unwanted. A serious one-off incident can
amount to harassment.
4.2 Harassment of Staff
The Council will not tolerate harassment of staff from someone outside
of the Council e.g. service user, resident, or member of the public.
St. Helens Council will consider taking action under the Assaults at
Work Policy to ensure harassment of its staff by people they do not
employ is dealt with appropriately. This may include reporting the
perpetrators to the Police.
4.3 All Staff
All staff must comply with the Council’s Comprehensive Equality Policy
whilst acting on behalf of St. Helens Council. Staff must behave
without discrimination, harassment or victimisation towards fellow
staff, service users and treat people fairly without discrimination.
4.4 All Traders
Must ensure that: they do not behave in a manner or use language that
may be offensive to an individual or group; as a result of their
practice and conduct no individual or group should receive less
favourable treatment on grounds of their race, gender, sexuality,
disability, age, religion, or any other personal characteristic.
Allegations of discrimination or abusive behaviour will be treated by
the Council as "hate incidents" and as such will be reported to the
Police, for investigation.
A hate incident is any incident which is perceived by the victim or
any other person, to be motivated by the offenders prejudice against
any person(s), because of their actual or perceived gender,
disability, age, racial origin, religion or sexual orientation.
If a trader is reported as the perpetrator of a hate incident this may
result in that Trader's right to trade being inhibited or revoked.
5. CODE OF CONDUCT
5.1 Conduct of Staff
Council employees should wear identification badges at all times
during working hours.
Council employees are expected to give the highest possible standard
of service to the public and service users.
Council Employees will be positive, helpful and co-operative in
dealing with the public and service users.
Council employees have a duty of good faith, to be honest and not
accept a fee or commission or gifts from those who do business with
the council.
Council employees must comply with the policies relating to equality
issues.
5.2 Conduct of Traders
Traders shall at all times conduct their business in an honest, civil
and business-like manner, without causing nuisance , annoyance,
obstruction or interference with the general public or any other
trader and company and comply with all request and instruction made by
or on behalf of the Council
Should a trader or any employee of this or any person acting on his
behalf threat, intimidate, act in an aggressive manner or make any
sexist, racist, or objectionable comment towards any market user or a
member of staff, whether verbally or physically, the Traders Licence
will be immediately suspended and they will be instructed to leave the
market. Any Licence held by the trader will also be subject to
termination at the absolute discretion of the council
6. Useful Contact Information
St Helens Council – General Enquiries 01744676789
[email protected]
St Helens Council Markets Team - General Enquiries 01744677155
[email protected]
Kevin Gavin – St Helens Council Markets Manager 01744677156
[email protected]
Steve Littler – St Helens Council Estates and Asset Manager
01744676138
[email protected]
National Market Traders Federation (NMTF) 01226 749021
[email protected]
Combined Market Traders Insurance Association (CMTIA) 02081 029400
[email protected]
GM Imber Insurance 01342 327250
[email protected]
St Helens Chamber of Commerce 01744 742000
www.sthelenschamber.com
Markets Manager – Kevin Gavin – [email protected]
Estates and Assets Manager – Steve Littler –
[email protected]
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