Market Operator's Licence Conditions

Conditions attached to a Market Operator's Licence

1. "Site" means the site on which the market is to be held. "Premises" means the premises or building in which the market is to be held. "Market" means the market for which this licence is granted.
2. The licence holder shall not, without the consent of the Licensing Authority, alter or amend the site or the premises or the layout of the site or of the premises. (
3. The licenceholder shall provide on the site or in the premises, adequate toilet facilities for traders, their employees and the public, all to the satisfaction of the Licensing Authority.
4. The licenceholder shall take all steps as are necessary for the maintenance of order and public safety on the site or in the premises and shall forthwith comply with all requests, directions or instructions regarding order and public safety by any authorised officer of the local authority or a fire authority or a Police officer.
5. The licenceholder shall comply and shall ensure compliance by all occupiers and tenants and their employees on the site or in the premises on which the market is being held, with the requirements of all Acts, Bye-laws, Statutory Rules, Orders and Regulations, whether Parliamentary, Local or Parochial and Management Rules in accordance with Section 112 of the Civic Government (Scotland) Act, 1982, passed or to be passed applicable to the site, premises and market as appropriate or to the use thereof. 
6. The licenceholder shall effect liability insurance for the market to the satisfaction of the Licensing Authority.
7. The licenceholder shall ensure that:-
   • The market is open for business during the opening hours specified above unless the prior consent of the Licensing Authority is obtained for the closure of the market.
   • All public avenues, passageways and service corridors are not obstructed in any way, either by the display or hanging of goods on the outside of the front limits of any stall or by touting for custom, whilst the market is open for business.
   • Customers or other persons do not obstruct public avenues so as to cause inconvenience to members of the public shopping at adjoining stalls and that where necessary, orderly queues are arranged accordingly.
   • All public avenues, passageways and service corridors are kept clean and free from litter and refuse.
   • All stalls, the fixtures, fittings and equipment therein and thereon are cleaned as often as is necessary by the occupiers or tenants of such stalls.
   • No inflammable liquids, explosives or fireworks or other articles likely to cause fires or explosions are located or taken into the market or its environs, without the consent of the Licensing Authority.
   • No cooking of food or the preparation or processing thereof or any similar practice involving the use of heat, other than the boiling of water or milk, takes place in stalls, with the exception of refreshment stalls, and that where this is done the occupier or tenant thereof makes adequate arrangements for ventilation of the cooking equipment to the outside of the market to the satisfaction of the Licensing Authority.
   • No person brings or causes to be brought into the market any animal, bird or pet other than a guide dog being at that time used by a blind person.
   • Occupiers and tenants or their employees do not place goods beyond the boundaries of the stalls in their occupation and do not store goods near to sprinkler heads or so as to obstruct emergency exits nor on their stalls at a greater height than the highest point of the stall structure.
   • Occupiers and tenants do not permit music to be played in the stalls in their occupation, except in connection with an approved business.
   • Adequate and suitable provision is made for the storage and removal of refuse and other waste from the premises; that a suitable litter bin of adequate capacity is provided outside the premises during all hours of opening; and that all waste collected is removed with the other commercial waste.
   • No vehicles are parked in any service areas, or approaches thereto, provided for the use of market traders generally, except for the prompt loading or unloading of goods or materials.
   • Deliveries are not made through any public entrance except where it is not practicable to deliver gods via any service areas.
   • The presence of any vermin or insect infestation in the market is dealt with forthwith so as to remove the infestation.
   • No person shall bring any alcoholic or intoxicating liquor into the market other than for the purpose of sale in any premises which are licensed for the sale of such liquor and that no person in a state of drunkenness or intoxication is permitted to enter or remain within the market or its environs.
   • No person stands or loiters about the entrances to or exits from the market and that no person loiters in the market or stands therein so as to obstruct any passageway.
   • No products containing any of the following compounds, liquids or chemicals are sold to persons under the age of 18 years unless those products contain inhalation repellents, viz:- Any compound liquid or chemical containing Acetone, Amyl Acetate, Benzene, 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.
   • A person, who is suitably qualified and equipped, be nominated as a First Aider, and that he or she will be in attendance in the market during trading hours and also while stalls are being erected and dismantled.
8. The licenceholder shall keep a register of the names and addresses of all tenants and occupiers. He shall take such steps as are reasonably practicable to verify the names and addresses. He shall produce this register on demand to any Constable or an Authorised Officer of the local authority or fire authority and shall permit him to make copies from it. He shall keep the records for a period of two years.
9. The licenceholder shall ensure that fly posting does not take place to advertise events occurring on the premises. The licenceholder shall ensure that all contracts/hiring agreements relating to the use of the premises for entertainment purposes contain a requirement that the promoters or other companies or persons using the venue will not engage in or authorise any other company or person to engage in fly posting.
10. The licenceholder shall ensure that publicity material advertising events occurring on the premises is not distributed in such a matter as to produce litter. 
11. The licenceholder shall ensure that stallholders do not offer for sale any new or second hand weapons, whether for ornamental use or not, as defined in the Schedule of Weapons below.

Schedule of Weapons

1. any gun or firearm including any fake or replica; 
2. any knife, disguised knife, knife blade, razor blade, sword, spear, bayonet or other article which has a blade or which is sharply pointed; 
3. any crossbow;
4. a knuckleduster, that is, a band of metal or other hard material worn on one or more fingers, and designed to cause injury, and any weapon incorporating a knuckleduster;
5. a swordstick, that is, a hollow walking-stick or cane containing a blade which may be used as a sword; 
6. the weapon sometimes known as a "handclaw", being a band of metal or other hard material from which a number of sharp spikes protrude, and worn around the hand;
7. the weapon sometimes known as a "belt buckle knife", being a buckle which incorporates or conceals a knife;
8. the weapon sometimes known as a "push dagger", being a knife the handle of which fits within a clenched fist and the blade of which protrudes from between two fingers;
9. the weapon sometimes known as a "hollow kubotan", being a cylindrical container containing a number of sharp spikes;
10. the weapon sometimes known as a "footclaw", being a bar of metal or other hard material from which a number of sharp spikes protrude, and worn strapped to the foot;
11. the weapon sometimes known as "shuriken" or "death star", being a hard non-flexible plate having three or more sharp radiating points and designed to be thrown; 
12. the weapons sometimes known as a "balisong" or "butterfly knife", being a blade enclosed by its handle, which is designed to split down the middle, without the operation of a spring or other mechanical means, to reveal the blade;
13. the weapon sometimes known as a "telescopic truncheon", being a truncheon which extends automatically by hand pressure applied to a button, spring or other device in or attached to its handle;
14. the weapon sometimes known as a "blowpipe" or "blow gun", being a hollow tube out of which hard pellets or darts are shot by the use of breath;
15. the weapon sometimes known as a "kusari gama", being a length of rope, cord, wire or chain fastened at one end to a sickle;
16. the weapon sometimes known as a "kyoketsu shoge", being a length of rope, cord, wire or chain fastened at one end to a hooked knife;
17. the weapon sometimes known as a "manrikigusari" or "kusari", being a length of rope, cord, wire or chain fastened at each end to a hard weight or hand grip.