Licence Terms and Conditions
There are standard terms and conditions (PDF, 197KB) that all licencees should follow. Guidance and more information is available further down this page.
The Standard Conditions are the regulations that attach to Permanent and Temporary/Casual Street Trading Licences for the purposes of managing and regulating the Council's markets on the occasion of the grant or renewal of the Licences to street trade in the Borough.
The Council last held a consultation on the Standard Conditions from 12 December 2011 to 11 March 2012 with traders and traders' representatives. The Council considered representations received and where appropriate made changes accordingly.
The Council's Standard Conditions for Market /Street Trading Licences Regulations were made by the Council pursuant to section 27(3) of the London Local Authorities Act 1990 (as amended) prescribing Standard Conditions applicable to Permanent and Temporary/Casual Street Trading Licences on 23 March 2012.
These Standard Conditions came into effect 1 April 2012.
Terms and conditions guidance
We encourage high professional standards and customer care. When traders apply for a licence they are agreeing the terms and conditions of this licence, which include the following key standards:
- Excellent customer care, so that customers have positive experiences in our markets and come back.
- Good quality products or services that are safe and legal.
- Adherence to our waste management guidelines: clearing waste is by far the largest cost of running markets
- Good presentation, labelling and clear pricing of goods and stalls
Traders should not:
- Occupy an empty pitch without the permission from the market inspector.
- Occupy a pitch without first paying the correct fee.
- Cause obstruction either with a vehicle or by delaying setting up the stall.
- All vehicles must be out of the markets by 9am, Monday to Saturday. No vehicles are allowed back into the market until 3pm.
Holidays
Permanent traders are entitled to four weeks holiday every financial year starting from 1 April to the 31 March of the following year. Written confirmation is required from the trader in order that credit can be given. Temporary traders are not entitled to holidays. The markets do not operate on public holidays or bank holidays.
Sickness
Any absences as a result of an illness which has prevented him/her from trading, the permanent trader should provide a medical certificate. Maximum weeks allowed is four weeks.
The onus is on the trader to provide the relevant medical certificate on time, no reminder concerning medical certificates will be sent and unreasonably late presentation of certificates will not be accepted. Medical certificates, which are more than two weeks overdue, will not be accepted. Temporary traders are not entitled to sick leave.
Maternity Leave
Notification in writing is required before starting maternity leave, indicating when the maternity leave will begin and an approximate date of return to the market after the birth. The Market Service will require a MAT B1 form from your doctor or midwife stating the date when the baby is expected to be born and when return to trade is expected.
Surrender of licence
Surrender of street trading licences must be completed in writing. Once a licensee surrenders his/her licence in writing all arrears should be paid in full. Failure to clear outstanding arrears will result in debt recovery action being taken. A trader owing the Council outstanding monies cannot be issued with a temporary licence until all debts are paid to the Council.
Variation of a Licence
If a trader wishes to vary their street trading licence (commodities or pitch change), he or she is required to apply in writing to the Markets Manager. The request will be considered and responded to either to grant or refuse the variation. There is a charge the variation of licence.
Transfer of licence to next-of-kin
You can transfer your street trading licence to your nominated next of kin under the following conditions:
- death
- retiring at normal retirement age
- inability to continue trading due to ill-health
The relative may apply within 28 days for the licence to be granted.
Appeals and complaints
Appeals against decisions made by the Market Service must be in writing to the Market Manager.
What is expected of you as a trader?
The London Borough of Hackney expects you to conduct yourself and your business practices in a fair and responsible manner. While working in Hackney's markets there is a mode of behaviour which is expected:
- No form of racist, sexist, homophobic or abusive language or behaviour in an aggressive manner
- Members of the public must be treated fairly and with courtesy
- Ensure that your assistants are competent and helpful
- Never threaten, bully, fight, harass or assault customers, traders or officers of the Council.
- No drugs or alcohol is allowed in the markets
- Respect others from different diverse backgrounds
- Promote good working relations between all traders
Inland Revenue
Under the provisions of subsection 2 of Section 18A Taxes Management Act 1970, the Market Service is required to give particulars in respect of all licensed/registered traders within the London Borough of Hackney.
Prevention and detection of fraud
The London Borough of Hackney has a duty to protect public funds and the information provided by you can be matched against other information held by the Council. This information can be disclosed to the Inland Revenue, Benefits Agency and the Police for the purpose of the prevention or detection of fraud.
We are also required under Section 6 of the Audit Commission Action 1998 to participate in a National Fraud initiative (NFI) data matching exercise.
Employment of children
Employers have the ultimate responsibility to ensure that children of compulsory school age are registered with the local authority and have a work permit. A young person is able to work part-time from the age of 13. No child under the age of 13 years is able to be employed. However, a street trading licence is issued to persons of the age of 17 and over.
For more information, please contact The Learning Trust Child Employment Adviser on 020 8820 7284.
Page updated: 30 Mar 2012
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