Trader’s pack
Darwen Market…
…a traditional, Victorian market
Darwen Market is a traditional Victorian market at the heart of the
town centre and is famous for quality, local produce, personal, friendly
service and a wide variety of stalls. You'll find virtually anything from
a traditional cobbler's to fruit and veg, from hairdressing to handbags
and haberdashery, butchers, bakers and though not exactly
candlestick makers, you can buy candles, incense burners, soap and
cosmetics.
Our cafes pride themselves on
homemade, wholesome food at very
reasonable prices in ambient
surroundings and our non-food stalls sell
goods from lingerie to mobile phones
and accessories, quality designer
menswear, furniture and textiles, ladies
clothing, cards and balloons, gifts and
DVDs.
Darwen Market boasts two superb
florists who will design and make
whatever you need along with a quality
jeweller, handmade jewellery, picture
framing, hairdressers and many more.
Trader’s pack
Opening times for Darwen
6-day Market:
Monday, Wednesday, Thursday, Friday
and Saturday: 8.30am–5pm
Tuesday morning from 8.30am–
12.30pm.
The 3-day Market is open:
Monday, Friday and Saturday from
8.30am–5pm.
Trader information
calculated in accordance with the
agreement.
The Stallholder shall reimburse to the
Landlords within 14 days of demand any
charges discharged by the Management
in respect of all or any electricity, water
and/or gas supplies etc. specific to their
stall.
Any other service agreements relating to
operating equipment entered into by the
Stallholder shall be discharged directly to
the supplier.
Rental and service charge costs
The rental and service charge levels for
stalls in Darwen Market are set out in
the Schedule of Stalls included in the
Trader Information Pack. This shows the
rents, service charge and business rates
of each stall.
The Valuation Officer sets business
rates. The website address is
www.voa.gov.uk
Service charge
The service charge will be applied and
managed in line with the Royal
Institution of Chartered Surveyors
(RICS) Code of Practice.
This includes planned maintenance,
inspections, consultancy, health and
safety compliance, decoration and
repairs of the building/market area.
Invoicing and accounting
Stall holders shall pay all lease rents or
licence fees in accordance with their
occupational agreement by direct debit
or standing order to the Landlord's
nominated bank account, together with
all and any VAT due.
The charges are stated in the
Occupational Agreement, and shall
comprise of the rent and the annual
service charge contribution, which is
Trading days and hours
The 6-day Market Hall and Annexe will
operate from Mondays to Saturdays
inclusive, with Tuesday as a half day
The 3-day Market will operate on
Monday, Friday and Saturday.
3-day Traders may have access to
service their stalls on Thursday mornings
from 8am–1pm. Access to service stalls
at any other time may be permitted if 24
hours’ notice is given to Market
Management.
Access for stallholders to the Market
outside of normal trading hours shall be
arranged with the Market’s Management
and will be strictly in accordance with
the Market Management regulations and
Loading Bay Protocol.
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Trader’s pack
Access for the public will be during all
advertised opening hours for each
trading day and for the time being for
the 6 day market will be 9.00am–5pm
(doors open at 8.30am), Mondays to
Saturday inclusive. Tuesdays will be
8.30am–12.30pm. The 3 day market will
be Monday, Friday and Saturday.
Stallholders shall ensure their stalls are
stocked, staffed and presented in a clean
and tidy manner, open for trade with a
proper display during all advertised
opening hours and days.
The Market will be closed on the
following public holidays:
Good Friday, Easter Monday, Christmas
Day, Boxing Day and New Year’s Day
and Bank Holidays. Alternative opening
hours may be offered.
Social Media
We have a dedicated, 24/7 social media
service ensuring that the Market
engages with the community on line
through Facebook, Twitter, Google+ and
other social media channels even when
it’s not open for business.
Parking
The Market Car Parks are on three levels
on School Street. The rooftop and middle
car parks are restricted to three hours
parking with the bottom car park being
unlimited. All parking is free. The middle
and bottom car parks will close at
5.30pm every day with the exception of
Tuesday. The bottom car park is closed
all day Tuesday and the middle car park
closes at 4pm on Tuesdays. There are
also various surrounding car parks all of
which are free although some are for
restricted hours.
Loading and unloading
Access to the loading bay is located off
Railway Road and should comply with the
Loading Bay Protocol, which is attached
to the Market Managements Regulations.
Time for loading and unloading is
restricted to 20 minutes and no parking
in the area is allowed at any time.
Storage
Successful applicants will be allowed to
make a separate application for storage.
The rental for storage space will be
£7.00 per sq ft per week. This is in the
form of storage rooms in the Market Hall
cellar.
Permitted uses
Traders in the Market Hall and Annexe
will occupy their stalls under Lease
agreements and in the 3-day Market
under licence agreement. Each
agreement contains a permitted-use
clause with a description of the type of
products. Permitted uses will be closely
controlled by the Market’s Management
and action will be taken to remedy any
breaches of the user clause in
accordance with the Market Management
Regulations.
Insurance
Stallholders shall maintain valid Public
Liability insurance cover at all times in
accordance with the enclosed Heads of
Terms.
Stallholders are advised that
membership of the National Market
Traders Federation may provide such
insurance cover at preferential rates
although the Market’s Management does
not require stallholders to be a member
of the Federation.
Responsibility for all stock, personal
effects, fixtures and fittings shall lie with
the stallholder and the landlords accept
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Trader’s pack
no responsibility for liability in the event
of any claim for the above.
Stallholders are recommended to obtain
adequate insurance to cover against
theft, fire, damage, etc.
Stallholders shall not do or allow to be
done any act that might render the
landlords insurances void or voidable.
Stall application
Application forms are included in this
pack and for any help completing any of
these forms please contact:
Mrs Gwen Sangster,
Markets Operations Manager
Darwen Market, Croft Street, Darwen,
Lancashire BB3 1BG
Telephone: 01254 222173
Email: info@darwenmarket.com
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Trader’s pack
Heads of Terms
Rent and outgoings: The annual rental is
£________ per annum.
Occupational agreement for all
Market Hall and Annexe stall
holders
The Tenant is also required to pay the
insurance rent, service charge, water
and business rates and will be required
to pay any other outgoings either
directly to the Landlord or otherwise in
connection with the use or enjoyment of
the premises.
(Subject to contract)
Landlord: Blackburn with Darwen
Borough Council.
Superior Landlord: The property is
subject to an Underlease granted
between …………………… and Blackburn
with Darwen Borough Council.
Tenant: ............................................
Guarantor(s): ....................................
Premises: Stall No _______ Darwen
Market Hall shown edged red on the
attached 1:50 scale stall plan and 1:500
scale layout plan comprising
approximately _____ sq ft and including
all Landlords and Tenants fixtures and
fittings, internal wall and floor coverings,
the stall being located within the Market
Hall edged blue on the layout plan.
The tenant will be granted rights of
access over the common parts
designated by the Landlord including the
service yard areas.
Lease Term: 1, 3, 4, 5 or 6 year term.
Tenancies will be outside the protection
offered by Sections 24 to 28 of the
Landlord and Tenant Act 1954.
One year fixed term (contracted out)
lease with no incentives.
3, 4, 5 or 6–year lease with the following
incentives:
• The lease includes a flexible rolling
break exercisable by the tenant on
giving six months notice. The rolling
break will trigger after an initial six
months trading.
Rent and other charges will be payable
monthly in advance by direct debit to
the Landlord’s nominated bank account.
The tenant will also be required to pay
VAT, or any tax of a similar nature that
may be substituted or levied upon the
landlord or the tenant in respect of rent
or other consideration.
Rent Review: Fixed rental increases
capped at 2.5% per annum. No increase
will be applied until 1st June 2015 and
the decision to increase will be
considered further, in early 2015.
Access Date: The Access Date will be
the same as the Lease Commencement
Date.
Rent Commencement Date: The rent
commencement date will be the same as
the Lease commencement date.
Storage: Tenants requiring storage
may apply for storage space within
Market Cellars. A schedule of the
available storage areas and prices and a
separate application form can be
obtained from the Markets Office.
Service Charge: The Tenant will be
required to pay by way of additional rent
a proportional charge based on the floor
area of the unit in relation to the total
floor area of the Market Hall for services
relating to the common parts and
maintenance of stall equipment. Please
see Service Charge sheet contained in
the Traders Information Pack.
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Trader’s pack
Uses Clause: The premises are to be
strictly used in accordance with the
permitted planning uses. The Tenant is
prohibited from selling items which are
not formally approved by the Market’s
Management staff or which may
contravene any Planning Statute or law.
Goods can only be displayed within the
boundary of the stall.
Retail of Fresh Food Produce:
(A1 Planning Consent)
Retail of Non Food Items:
(A1 Planning Consent)
Café Premises:
(A3 Planning Consent)
Insurance Rent: The Tenant will be
required to reimburse the Landlord by
way of additional rent a fair proportion
of the Landlord’s insurance for buildings
and fixtures and fittings provided by the
landlord.
Invoicing: Stallholders shall pay all
rents and service charges and other fees
and payments by direct debit together
with any VAT or other taxes due on the
same.
Repairs: The Tenant is required to
keep the premises including the
Landlord’s fixtures and fittings in good
tenantable repair throughout the term
and make good any damage occasioned
by the tenant.
Decorations: The Tenant is also
required to redecorate the premises
every three years or at the end of the
term (whichever is earlier) to a quality
and specification approved directly by
the Commercial Manager and Operations
Manager.
Signage: All signs shall comply with the
conditions set out by the Landlord.
Stallholders shall at their own cost
clearly display on their stall(s) a sign
indicating their name and business
address in clearly legible letters no less
than 50mm high together with an A4
size laminated notice showing their
trading name, stall number and Public
Liability details.
Contents Insurance: The Tenant is
required to provide an appropriate
amount of insurance cover throughout
the term to cover damage as a result of
fire or accidental damage to all the
Tenant’s fixtures and fittings and
contents.
Third Party/ Liability Insurances:
The Tenant is required to provide
£5,000,000 (Five Million Pounds) of
Third Party Liability and Product Liability
Cover, in addition to providing
£10,000,000 (Ten Million Pounds) of
Employer’s Liability Cover.
The tenant will, if required by the
Landlord, produce to the Landlord for
inspection a copy of all Insurance
policies.
Trading Hours: Unless formally
approved by the Landlord, in writing, the
Tenant is required to trade each day
Monday, Wednesday, Thursday, Friday
and Saturday 9am–5pm and Tuesday
morning from 9am–12.30pm.
Alienation: The Tenant is not
permitted to sub-let part or whole of the
subject premises. The Tenant may be
allowed after six months to assign the
whole subject to obtaining Landlord’s
prior written consent, such consent not
to be unreasonably withheld or delayed.
The Tenant must not assign the whole
without first offering the Landlord the
right to match any bona fide offer the
Tenant has had in respect of the
proposed assignment.
Alterations: The Tenant is required to
seek the Landlord’s formal written
consent to any proposed alterations by
providing full plans, elevations and
specifications of the intended changes.
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Servicing Provisions: The Tenant will
be obliged to comply with the Loading
Bay Protocol attached to the Market
Management Regulations. The Loading
Bay protocol can be found on:
www.darwenmarket.com/newmarket/service-yard-protocol.html
Statutory Obligations: Tenants will be
required to comply with any Statutory
Obligations in force throughout the term.
These include Health and Safety at Work
Act 1974, The Food Safety Act 1990 and
the Town and Country Planning Act
1990, and any amendments thereto.
in a clean, neat and tidy condition with
suitably dressed counters displaying
goods to enhance the visual amenities of
the Market and not to do anything which
may be detrimental to the same. Traders
shall also comply with the Market
Management Regulations. Any breach of
those regulations may lead to the
tenancy being terminated forthwith.
Yielding Up: The Tenant is required, at
the end of the term, to yield up the
premises in a good and tenantable
repair.
Solicitors: To be agreed.
Trader Conduct: At all times during
the term Traders have to keep the Unit
Costs: Each party to bear their own.
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Trader’s pack
Market Regulations
f.
‘The Market’ means the Market held
in Darwen.
Blackburn with Darwen Borough Council
(‘the Council‘) has prepared the
following regulations for the
management and the servicing of indoor
stalls or spaces operated by the Council
and any outdoor stalls, which may be
operated from time to time.
g.
‘Market’s Management’ means the
Commercial Manager and/or the
Operations Manager and/or Council’s
Officers employed from time to time
who are responsible for the
enforcement of these regulations
and the general management and
organisation of the Markets.
h.
‘Relative(s)’ means spouse, partner,
parent, parent-in-law, son,
daughter, stepson, stepdaughter,
child of a partner, brother, sister,
cousin, grandparent, grandchild,
uncle, aunt, nephew, niece or the
spouse or partner of any of those.
i.
‘Stall(s)’ means a retail space, with
or without a structure, allocated to
the Trader within the Market.
j.
‘Lease’ means a lease entered into
between the Council and a Trader
for a stall as defined.
k.
‘Trader’ means the person who has
entered into the lease/licence, who
will be responsible for the stall, its
contents and the running thereof.
2.
Personal details
a.
Traders shall inform Market’s
Management forthwith in writing on
a form prescribed for the purpose,
obtainable from the Markets Office
(Appendix 1) of their name, address,
telephone number, National
Insurance number, date of birth,
email address and where
appropriate, of the name of any
Designated Manager or any changes
thereto.
b.
Should any Traders’ Details be found
to be incorrect, this will be
considered to be a breach of these
regulations.
These regulations should be read in
conjunction with the Trader’s
lease/licence. They have been devised to
be in the best interests of all Traders
and will be enforced as such. Attendance
on the Market is deemed to be an
acceptance of these regulations. In
return for compliance with the
regulations and terms of their lease, all
Traders shall be treated with courtesy by
Management, given active support and
encouragement to develop their business
and benefit from the promotion of the
Council’s Markets.
1.
Definitions
a.
‘Breach Notice’ means a notice
served upon a Trader by Market’s
Management in the event of that
Trader breaching these regulations
and where such a breach, in the
view of Market’s Management, does
not merit termination of the Trader’s
lease.
b.
‘The Council’ means Blackburn with
Darwen Borough Council.
c.
‘Designated Manager’ means an
employee or relative appointed by a
Trader to run the stall in accordance
with Regulation 3.a below.
e.
‘List of Prohibited Goods’ means the
list of goods that are not permitted
to be sold on the Market. This list,
which is reviewed periodically by
Market’s Management, is available
for inspection at the Markets Office.
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c.
All Traders shall, as part of the
application process and before
entering into a lease/licence with the
Council, provide evidence of identity
eg passport, photo card driving
licence or national insurance details:
Proof of residence eg a recent utility
bill, VAT registration document (if
appropriate), Company registration
document (if appropriate) and
confirmation of insurance cover.
Comparable documents must be
provided for any Designated
Manager appointed to run a stall.
Original documents must be
provided.
d.
Copies will be kept for management
records only and will not be divulged
any third party.
3.
Designated Manager
a.
Any person nominated as a
Designated Manager must be a bone
fide employee or relative of the
Trader. It is the responsibility of
Traders to provide to the satisfaction
of Market’s Management that the
person nominated as a Designated
Manager is a bone fide employee or
relative of the Trader.
Should such Designated Manager be
found to be a person other than an
employee or relative, then this will
be considered a breach of these
regulations.
b.
As regards these regulations, the
Trader will remain responsible for
the acts or defaults of the
Designated Manager.
4.
Limited Companies
a.
Private Limited Companies (LTDs)
shall only be accepted on the market
as tenants of stalls, subject to
provisions of Regulation 4b below.
b.
Private Limited Companies shall only
be accepted where a person or
persons stands as Guarantor to
ensure that the obligations under
the lease/licence are met. The
Council will undertake proper and
reasonable financial checks on
Private Limited Companies. The
Council reserves the right not to
approve either the proposed
Guarantor or the Limited Company.
Traders must provide all information
requested by Market’s Management
to enable financial checks to be
undertaken.
c.
Where a lease/licence holder is a
Private Limited Company, such
company shall inform Market’s
Management forthwith, in writing,
on a form prescribed for the
purpose, obtainable from the
Markets Office (Appendix 2) of any
changes to Company details.
5.
Permitted Product Lines
a.
Traders shall, prior to entering into a
lease/licence, agree, in writing, with
Market’s Management, the permitted
use classification (Appendix 3) for
the type of goods and/or services
they intend to sell.
b.
Traders shall restrict their ‘use’ to
the permitted product sales/services
identified within their lease. Should
a Trader wish to introduce a new
line, this can be requested by
completing a variation of uses clause
application form (Appendix 4)
obtainable from the Markets Office.
The granting of a variation to a user
clause is at the absolute discretion
of the Commercial Manager.
c.
The Stallholder shall not supply
illegal goods, including but not
restricted to stolen goods, suspected
stolen goods, counterfeit goods,
unsafe goods, tobacco goods (duty
unpaid), alcoholic goods (without a
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Trader’s pack
licence), fireworks (sold otherwise
than in accordance with code and
regulations), offensive weapons and
items of a pornographic nature.
d.
e.
f.
A separate user-mix policy
statement is available as an
appendix to these regulations
(Appendix 5)
Disputes over permitted lines shall
be reported to the Operations
Manager. In the event of a dispute,
this will be referred to the
Commercial Manager who will
adjudicate. The Commercial
Manager’s decision will be final.
Traders in breach will be issued with
a breach notice as outlined in
Regulation 13:a below.
The Loading Bay area is marked in
yellow. This is the designated area
for loading/unloading vehicles. The
rest of the area is marked with
double yellow lines, which mean ‘No
Parking’ at any time.
7.
Hours of Access, Trading Hours
and Sunday Trading
a.
Traders can access the Market area
through the Service road from 6am
and must have left the premises by
6pm unless they have written
permission from the Operations
Manager.
b.
Darwen 6 Day Market trading hours
are 9am–5pm Monday–Saturday,
excluding Tuesday which is half day,
9am–12.30pm.
Traders shall, during the trading
hours, keep their stall(s) adequately
stocked with goods for sale within
their permitted use classification.
g.
Traders shall comply with all
statutes and regulations associated
with the sale of new and second
hand goods.
h.
Any agreed variation to a use clause
shall not take effect until a formal
deed of variation of lease/licence
has been entered into.
6.
Deliveries
a.
Traders or persons making deliveries
or collections on their behalf shall
comply with the Loading Bay
protocols for the Market. (Appendix
6).
b.
c.
Traders parking their vehicles in
contravention of the Loading Bay
protocols shall be liable to pay to the
Council or its Agents, the
appropriate penalty charge as
determined from time to time by the
Council.
Traders have access on Tuesdays
until 4.30pm.
c.
Darwen Market Attendants
commence the morning unlocking
process at 8.25am. Darwen Market
lock down commences at 5pm.
d.
Darwen 6 day Market will trade six
days per week, Monday–Saturday
with Tuesday as a half day. The 3
day market will trade Monday,
Friday and Saturday and both will be
closed Good Friday, Easter Sunday,
Christmas Day, Boxing Day, New
Year’s Day and Bank Holidays.
Alternative days may be arranged
for the Bank Holidays.
e.
Access for Traders to the Market
outside normal trading hours shall
be controlled by Market’s
Management and with prior
agreement with the Market
Operations Manager.
f.
Access for the public will be from
8.30am with closure at 5pm.
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8.
Payment of Administration
Charges
a.
Market’s Management will levy
administration and penalty charges
in accordance with these regulations
and Traders shall pay such charges
on demand and in full. The charges
that are levied will be reviewed from
time to time by the Council.
b.
It is the responsibility of Traders to
make themselves aware of the
application and prevailing rates of
such charges (Appendix 7).
9.
Build Out
a.
Building Out by displaying goods
beyond the demised stall area is
prohibited in the Market. Building
Out can be authorised by Market
Management and will be charged per
sq ft.
10. Signage
a.
Traders shall clearly display on their
stall(s) a sign indicating their name
and business address in clearly
legible letters no less than 50mm
high, together with an A4 size
laminated notice showing their
trading name, stall number and
public liability insurance details.
b.
The Council will not permit any hand
written signs without prior approval
of the Market’s Management.
c.
The use of flyers or any other
Marketing material is strictly
forbidden.
11. Conduct
a.
Traders shall at all times comply
with the decisions of the Market
Management.
b.
Traders shall be deemed responsible
for any breach of these regulations
by their Staff, Relative(s),
Designated Manger and any other
parties attending the Markets at the
invitation of Traders.
c.
Traders shall keep their stall(s)
properly open for trade on every
designated Market Day during the
entire trading hours.
d.
Traders must trade in a manner that
does not cause any nuisance,
annoyance to or harassment of any
other Traders, customers or
members of the general public in the
Market, or to the Council, its
Officers, Servants or Agents.
e.
Traders must behave in a polite and
courteous manner towards all
parties referred to in Regulation
11:d above.
f.
Traders shall refrain from behaviour,
whether verbal or otherwise, which
is in the opinion of Market’s
Management, abusive or offensive.
g.
Traders shall not conduct an
auction.
h.
Traders shall not impede or interfere
in any way with Market’s
Management, the Council, its
Officers, Servants or Agents in the
exercise of the Council’s rights of
possession and control of the
Market.
i.
Traders shall not impede or interfere
in any way with Market’s
Management, the Council, its
Officers, Servants or Agents in the
exercise of their duty to enforce the
provisions of these regulations or in
the exercise of their duties in
respect of the general management
and organisation of the Market.
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j.
k.
l.
Traders shall not cause or permit
any dogs, cats or other animals
(whether domestic or otherwise) to
enter any stall/shop unit or any part
of the Markets except where the
animal is an assistance dog for
visual or other impairments.
Traders have a responsibility to each
other and their customers to cooperate in maintaining an
environment of goodwill.
Music or musical instruments shall
not be played except at the absolute
discretion of the Commercial
Manager, whose consent may be
withdrawn at any time.
m. All goods and services sold by
Traders shall comply at all times
with all relevant statutory and
regulatory requirements. Market’s
Management will always refer
infringements to the appropriate
bodies.
n.
Traders shall not place their goods
on any vacant stall(s).
o.
Traders shall not display any product
or literature that in the opinion of the
Commercial Manager is offensive or
obscene or of a political nature or is
likely to cause offence or may be
detrimental to the overall
management or trading position of
the markets. This includes information
placed on Social Media sites. Any
direction to remove the same shall be
complied with forthwith.
p.
Traders and their staff shall take
reasonable and proper care in the
use of all communal fittings,
apparatus and facilities, including
preparation rooms, loading bay,
refuse disposal and recycling
facilities, toilets and washbasins,
leaving them clean and tidy after
use.
q.
The clearing or boning out of meat
or fish must not at any time take
place in the aisles.
r.
Traders and/or their staff are not to
place or leave anything (including
trolleys and barrow provided by
Market Management or Traders) in
the Market common parts.
s.
No trucks, barrows or other forms or
carriage shall be permitted in the
public aisles during Market trading
hours. Any deliveries during Market
trading hours may be made using
small trolleys.
t.
After close of trading, all food stalls
shall be thoroughly cleansed and
any perishable stack shall be
removed from open display into
refrigerated overnight storage or
otherwise protected against
contamination.
u.
Traders and their staff must not
ignore unreasonable behaviour by
other Traders and/or customers and
must contact Market Management to
alert them of any situations.
v.
The Stallholder shall not act in a
manner that contravenes a
purchaser’s statutory and commonlaw rights.
w. Traders shall not display their goods
in a manner that has the potential,
in the opinion of the Operations
Manager, to endanger the health
and safety of anyone attending the
Markets.
x.
Market’s Management have a
contract for the control of vermin
with a suitably licensed contractor.
In order to ensure that the Markets
remain free of vermin, Traders must
ensure that when their stall is closed
for retailing, all foodstuffs are stored
in rodent proof containers.
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Non-food stalls should ensure
adequate rotation and movement of
stock to ensure that their stalls are
not used as a nest site.
y.
No animals or birds shall be allowed
into any area of the Market except in
accordance with permitted product
lines or if they are assistance dogs.
z.
Darwen Market is a no smoking
building. This includes stairwells,
toilets, car parks (except the
rooftop) and storage areas.
13. Requirement for Insurances
a.
Traders are advised that
membership of the National Market
Traders Federation (NMTF) may
provide such insurance cover at
preferential rates, although Market’s
Management does not require
Traders to be a member of the
Federation. A notice confirming the
Traders current insurances shall be
prominently displayed on each stall.
b.
Responsibility for all stock, personal
effects, fixtures and fittings shall lie
with the Trader and the Council
accept no responsibility for liability
in the event of any claim for the
above. Traders are recommended to
obtain adequate insurance to cover
against theft, fire, damage etc.
aa. Traders who appear to be under the
influence of drugs or alcohol will be
in breach of Market Regulations and
will not be allowed to trade.
bb. Car parking is the responsibility of
each individual Trader and not
Market Management or Market Staff.
Traders who park at the back of the
3-day Market are requested to park
considerately of other Traders.
Parking at the back of the 3-day
Market is restricted to 1 vehicle per
business. Other parking is available,
for free, on the bottom car park or
at Knott Street.
cc. Traders are responsible for the
security of goods held within their
demise.
14. Breach Notices
a.
Traders shall be issued with a
Breach Notice by Market’s
Management for any breach of these
regulations. Traders issued with a
Breach Notice shall pay an
administration fee (Appendix 7).
Failure to pay the administration fee
will render it recoverable as a debt.
b.
Traders should be aware that where
Breach Notices have been served
upon them, the Council is entitled to
use the service of such notices as
evidence in support of any decision
to oppose the renewal of their lease
at the appropriate time.
12. Gas/Electrical Installations
a.
b.
c.
Traders must not touch or tamper
with any lighting or heating
installations unless within their own
demise.
Electrical appliances must be PAT
tested and certificates presented to
the Market Office.
No extensions must be used and
only one appliance per plug socket
must be used.
15. Handling of Complaints/
Grievances
a.
Traders who have a complaint or
grievance over a decision taken by
Market’s Management shall lodge a
written record of the said complaint
or grievance with Market’s
Management and thereafter they
shall be given an opportunity to
discuss the matter at a meeting with
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the Commercial Manager,
whereupon the Commercial Manager
shall review that decision.
b.
c.
Traders who remain aggrieved
following the review carried out by
the Commercial Manager under
Regulation 14:a above may appeal
in writing to the Council’s Head of
Property within seven days of the
outcome of the review undertaken
by the Commercial Manager being
communicated to that Trader. The
decision of the head of Property
shall stand as the Council’s final
decision.
Any attempt by Traders to ignore
the procedure outlined in 14: a and
b above or to circumvent it or by
escalating a grievance in advance of
making a written complaint by
approaching Senior council Officers
or elected Members either in person
or via email, shall be considered in
breach of these regulations.
17. Application of Market
Regulations
a.
These regulations shall apply to all
Traders on the Markets.
b.
These regulations supersede all
previous Market Regulations.
c.
Market’s Management reserve the
right to alter these regulations,
together with all accompanying
policies and procedures.
Appendices








Applications for a Stall
Private Limited Company
Permitted Use Classification
Variation of User Clause
Uses Mix Policy Statement
Loading Bay Protocol
Administration Charges
Application for a Storage Unit
16. Notices
a.
It is agreed that any Notice
hereinbefore required to be served
by Market’s Management, shall be
served by being left at or affixed to
the stall or by being sent by post to
the last known address of the
Trader. Any Notice similarly to be
served by the Trader shall be served
by being addressed to the
Commercial Manager at the Council
and left at, or sent to:
The Market Office
Unit 1, Market Hall
1 Church Street
Blackburn, BB1 5AF.
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Trader’s pack
Market Regulation
General Provisions
Regulation Enforcement
Procedure
Darwen Market is compliant with
legislative requirements and complying
with a Duty of Care.
This includes:
 Five-year Fixed Wiring Certificate
 Maintenance contract for the Fire
Alarm system
 Pest Control Maintenance
 Management programme for pigeons
 PAT testing Certifications
 Maintenance records for all entry
points within the Market demise.
Darwen Market operates a strict No
smoking Policy.
The Council are responsible for all
maintenance, internal and external of
their demise.
The Council have a responsibility to
ensure that they have enough First Aid
cover for their demise.
Cleaning
The Council is responsible for the
cleaning of the public areas of the
Market and the removal of all waste
from those public areas.
Access
The Council have a responsibility to
ensure that Darwen Market is secure
when not trading. The Market Attendants
must ensure that all personnel have
vacated the premises at the end of each
day.
Health and Safety
An agreed Fire evacuation procedure will
be adhered to. The Market will have a
designated Assembly point. It will be the
Council’s responsibility to ensure that
the unit is all clear. The responsible
person or Fire Warden should report to
the Market Representative, either the
Operations Manager or a Market
Attendant.
The Council must ensure that Tenants
are fully compliant with the Fire alarm
and evacuation procedures and ensure
all their staff and traders are likewise
instructed.
The lift should not be operated in the
event of a fire.
The Council has a duty to carry out
alarm testing and log all events.
Any Contractor working within the
Market demise must sign in at the
Market Office to complete a Permit to
work.
The Council will provide a Fire Log to
ensure that all Fire Safety procedures
are logged including the Fire Risk
Assessment. The Council must keep a
record of their weekly fire tests and
provide details at the Fire Officer’s
request. The Council should make
regular inspections of all their
firefighting equipment and break glass
call points and ensure all are in good
working order. The Council should carry
out daily checks to ensure that all fire
escapes are free from obstruction.
All Staff and Traders have an obligation
to report to Market’s Management if:


They see anything that could be
dangerous.
Any suspicious activity that could
lead to a terrorist threat.
All accidents should be recorded and
reported to the Council’s Health and
Safety Department.
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Trader’s pack
The Council has a legal responsibility to
comply with any instruction with regard
to Health and Safety. The Council will
co-operate with all Enforcement Officers
including Trading Standards and
Environmental Health.
Security
The Council is responsible for Security in
its own demise.
The Council has a responsibility to
eradicate and assist their Traders with
the apprehension of shoplifters or
undesirables.
Darwen Market has a banning policy and
any persons on the banning list will not
be allowed in the Market areas.
Darwen Market is a member of the DBAC
(Darwen Business Against Crime) Town
Centre scheme. The Market should
comply with DBAC regulations.
The Council must not allow any
photography within the Market unless
Market Management has given
authorisation. No members of the public
are allowed to take photographs without
authorisation from markets staff.
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