Revised D/311/10 Previously D/586/09 INSTITUTIONAL REGULATORY CODE (IRC) (Policies, Procedures, Rules etc.) To be completed by initiator of policy/policy owner: 1. POLICY TITLE: Residence Tuck-shop Policy 2. FIELD OF APPLICATION: All registered residence students (All persons to whom policy applies) 3. COMPLIANCE OFFICER(S): Dean: Student Affairs; Director: Housing, Living & Learning Programmes, Student Life Officer and House Committee Members (Persons responsible for ensuring policy implementation) 4. STAKEHOLDER CONSULTATION Student Leadership, Residence Management and Catering Committee (State the stakeholder group/s consulted during policy formulation/revision) 5. DESIGNATION OF POLICY OWNER: Director: Housing, Living & Learning Programmes (Person responsible for maintaining policy) 6. NAME OF POLICY OWNER: Dr S Mpuru POLICY HISTORY (To be completed by policy owner) Decision Date (Compulsory) Status (New/Revised/ No Changes) Implementation Date (Compulsory if “new” or “revised”) Approving Authority (If ”new” or “revised”. N/A if no changes) Resolution Number e.g. 07/11-10.2 (Minute number. N/A if no changes) Policy Document Number (e.g. D/…./07 N/A if no changes) Pending date for next revision (Compulsory) 3 Aug 2005 New 3 AUG 2005 EMCOM 05/12/9.4 D/840/05 Sept 2008 24 June 2009 Revised 16 Feb 2009 EMCOM 09/06-6.24 D/123/09 Sept 2011 11 Nov 2009 Revised January 2010 EMCOM 09/11-6.9 D/586/09 Previously part of D/123/09 Sept 2011 23 Sept 2010 Revised July 2010 EMCOM 10/09-10.2 D/311/10 Sept 2012 For office use only SUBJECT (Broad policy field): Student Governance SUBJECT NUMBER: 200 CATEGORY (Policy sub-field): Residence Governance CATEGORY NUMBER: 202 IRC NUMBER: 202.04 1 Revised D/311/10 Previously D/586/09 5. Preamble As one of the responses to the challenges facing human resource empowerment in South Africa today, the Department of Student Housing, Living and Learning Programmes believes in nurturing innovation, fostering creativity, embracing technology and developing people to meet the challenges of the world of tomorrow. The University has a vision to optimise the potential of students towards sustainable development. The Department of Housing, Living & Learning Programmes is committed to playing its role in developing graduates who are well-rounded, critical thinkers, entrepreneurial, innovative and employable. Whenever an opportunity arises, the Department will afford the students space and infrastructural support to develop their life skills. Entrepreneurship is one such skill that introduces selected students to business as a possible career. Having identified a need for small scale retail outlets in residences, especially for incidental items, and at times when all other retail centres are closed, the Department promotes the establishment of tuck shops which are run by students. This policy serves as guideline for the establishment and running of the tuck shops by students in residences. Purpose The residence tuck-shops serve as a programme to develop entrepreneurial and managerial skills among students. The venture also gives an opportunity for experiential training for the managing of a business. Furthermore, these small scale businesses create job opportunities for other residence students, and the nominal rent paid by the owners contributes in the respective residence’s house funds. 5. The Policy In order to ensure fairness in the allocation of tuck shops to students and the regulation of procedure and boundaries, tenders are invited and strict timelines in the process are adhered to. Separate water and electricity meters will not be installed and no charges will be levied for the consumption of water, electricity or for the disposal of waste. The University, however, reserves the right to review this concession when and if necessary. The University will not provide a telephone or connect the premises to the University network or internet. 1. The process 1.1. 1.2. 1.3. 1.3.1. 1.3.2. 1.3.3. 1.3.4. Applications are invited from students in October of each year in order to give the prospective tuck-shop owner enough time to prepare for opening the business the following year, or in the case of a vacancy due to circumstances, on a needs basis. A panel consisting of the Director: Housing, Living & Learning Programmes, the Senior Manager: Residence Operations, the respective Residence Manager, the Student Life Officer, and two House Committee members from the residence concerned is convened to consider the application; The panel determines a schedule of the following events: Date of invitation of applications, Cut off date for submission of tenders, Date for panel to consider business plans, Date for final announcement of short listed candidate 2 Revised D/311/10 Previously D/586/09 1.3.5. Date for short listed candidates to present business plans to panel; 1.3.6. Date for final announcement of successful candidates. 2. Business Plan: 2.1 2.2 2.3 2.4 2.5 2.6 2.7 The business plan must include: Stock items to be sold (keeping in mind that food may not be cooked or prepared in the shop); Financial resources – proof of available capital (e.g. confirmation of loan from a bank or sponsor); Entrepreneurial potential and skill; Details of benefits to residents e.g. job creation, fund raising etc; Estimated profit or loss; Hours of service; Rent 3. Criteria: 3.1 3.2 3.3 The business owner must necessarily be a registered student of NMMU during the year an application is submitted as well as the year during the business running. The prospective entrepreneur must be a resident in one of the NMMU residences Business owners are expected to be acquainted with University policies that impact directly on residence life, such as Alcohol/Liquor Policy, the Housing Rules and Procedures, The Glass-Free Campus Policy, The NMMU Smoking Policy, the Residence Disciplinary Code, the NMMU Occupational Health and Safety (OPS) Policy and other applicable OHS legislative standards applicable to resale of food items. 4. Agreement: 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.8.1 4.8.2 4.8.3 4.8.4 An official agreement is entered into between Student Housing and the successful candidate(s) to run the business for the duration of one academic year. Limited hours during vacation periods could also be negotiated if deemed necessary; any deviation must be agreed to by the approving authority. The University shall not be held liable for any agreements made between the lessee and his/her sponsor; Prior to any agreement signed between the Student Housing authority and the entrepreneur/owner, the owner shall submit a health and safety plan to the NMMU Health and Safety Manager for approval. It is imperative that the owner holds a meeting with the House Committee of the residence in which he/she will be operating to solicit their views on the general stock needed in the tuck-shop and to discuss the hours of operation. Under no circumstances should the business owner interfere with the electrical, plumbing or any other utility installations serving the building without the express permission of the Director: Technical Services. Maintenance of the premises shall be at the cost of the business owner. The Housing Department Management, Technical services, Security, Campus Health Services as well as the Committee for Safety, Health and Environment (SHE) reserve the right to inspect the premises at any time and insist on any work they deem necessary to carry out in the interest of maintenance, safety or health. The following are examples of items that may be stocked for sale from the tuck shop: Pastries, crisps, sweets, soft drinks, non-alcoholic beverages; Groceries Stationery Toiletries 3 Revised D/311/10 Previously D/586/09 4.8.5 Minor hardware items such as bulbs, padlocks, batteries, etc. 4.9 The agreement includes 4.9.1 Opening times; 4.9.2 Security plans; 4.9.3 Safety and health; 4.9.4 Delivery; 4.9.5 Cleaning and 4.9.6 Refuse removal 4.9.7 Payment of rent for the space used shall be made monthly. 4.10 4.11 4.12 4.13 4.14 4.15 4.16 Payments due to the House Committee will be made at the University cashiers who will in turn credit the respective House Committee’s social fund account. In the event of the lessee committing any breach of the terms and conditions of the lease, including non-payment of rental, the University may demand that the lessee remedy such breach within seven days of the date of written notice of demand. The University shall not be liable for any damage to the premises or to any other loss suffered by the lessee or clients arising out of its occupation of the leased premises, whether such damage or loss arises from failure of any services connected to the premises or arising from a defect in the leased premises or from fire, theft or from any other cause whatsoever, including any negligence on the part of a University employee or agent(s), unless wilfully caused. The University shall bear no liability whatsoever for damage or loss of stock incurred as a result of any riotous behaviour. The lessee shall submit reports, once a term, to the Student Life Officer to advice on the progress of the business and any concerns or suggestions that should be noted and/or actioned. The feasibility of the shop is assessed at this point and at the end of the year. The owner/entrepreneur is awarded a certificate if the tuck-shop is run successfully. The lessee is obliged to leave the premises at the expiration of the lease in a condition which is acceptable to all stakeholders. All installations (e.g. shelves) shall remain the property of the University subject to negotiations with a future lessee to take over the improvements. 5. Termination of Agreement: 5.1 5.2 5.3 Should the lessee, for whatever reason wish to terminate the lease agreement, he/she should advise the Student Life Officer of such intention with at least one month’s notice. Should the University, also for whatever reason other than outcomes of a disciplinary procedure, decide to terminate the lease agreement, the University should serve the lessee with at least one month’s notice to fold the business. In the event of the lessee found guilty of any breach of University rule or South African law, being expelled or suspended from the University following a disciplinary hearing, the agreement shall be terminated instantly. The lessee may, in terms of paragraph 7.1 of the Student Disciplinary Code submit a written request to the Registrar for the review of the finding and/or the penalty by the Review Committee. The University shall not be liable to the lessee for any costs incurred by the lessee arising from such cancellation and the University retains the rights to claim payment of any monies due to the institution, and compensation for any damages caused to the premises or suffered by the University. 4