Market Regulations

Warning Notices

1. Traders who contravene any of the Market Regulations may be issued with a Warning Notice by Market Management.

2. The Warning Notice shall state: 

• details of the contravention
• the date of the contravention
• the name of the Officer issuing the Notice

3. The following are examples of the types of contraventions for which Warning Notices may be issued. This list is not exhaustive:

• failing to comply with a reasonable request from Market Management
• the display of goods or property outside the stall or space limits
• articles on or suspended from the stall roof and/or lighting equipment without permission
• vehicles parked longer than necessary for loading/unloading  Vehicles on the market in contravention of regulations
• selling from beyond designated area
• failure to clear away refuse during trading times and/or at the close of business
• displaying/selling unauthorised lines of goods
• late opening/early closing of stall Note 1 Serious breach of any of the above may constitute Gross Misconduct and be dealt with under paragraphs 11, 12 and 13 of this procedure. Note 2 Traders are responsible for ensuring that their employees and assistants comply fully with the regulations. Failure by a Trader to deal with notified breaches of the regulations by their employees or assistants will result in disciplinary action being taken against that Trader.

4. A Trader who receives 2 Warning Notices within a 3 month period shall be disciplined as follows:

a. The trader shall be issued with a Suspension Notice preventing them from occupying the Stall or from working in a Chorley Market for a period of one week (see 5 below).

b. In the event of the trader receiving a further 2 Warning Notices within 6 months of the issue of the Suspension Notice, the Trader shall be issued with a second Suspension Notice preventing them from occupying the Stall, or working in any capacity on Chorley Markets for a period of two weeks (see 5 below).

c. In the event of the Trader receiving a further 2 Warning Notices within 6 months of the date of the issue of the Second Suspension Notice the Trader's will be issued with a Termination Notice (see 6 below).

5. All Suspension Notices shall be issued by Market Management and state the details of the offence, the date from which the a Daily Licence will not be issued and the date on which the Daily Licence will be reissued, how the suspension will apply to the Trader, and the timescale for appeal against the Notice (see 11 below). No fees will be refunded during a period of suspension.

6. Termination Notice shall be issued by Market Management, be dated and state the reason for its issue, the date from which the Daily Licence will not be issued, how the termination will apply and the time-scale for appeal against the Notice (see 14-18 below). The Trader shall not be allowed to re-register for a period of 3 years following the date of issue of the notice of termination.

7. A trader who receives a Suspension Notice may appeal, in writing, to the Head of Regeneration and Inward Investment within 7 working days of the receipt of the Notice. On the issue of such a written appeal, the Trader may continue to trade until the determination of the appeal by the Head of Regeneration and Inward Investment which shall take place as soon as is reasonably practicable. The Trader shall have the right to be heard in person and represented. The Head of Regeneration and Inward Investment shall give their decision, in writing, which may either allow the appeal or uphold the Notice of Cancellation.

Casual Traders

8. A Casual Trader who receives 2 Warning Notices within a period of 3 months shall have their registration with Chorley Markets cancelled. The Casual Trader shall receive a Notice of Cancellation, in writing, which shall state the reason for the cancellation, the effect of that cancellation, and the time-scale for appeal. The Trader shall not be allowed to re-register for a period of 3 years following the date of issue of the Notice of Cancellation.

9. A Casual Trader who receives a Notice of Cancellation may appeal, in writing, to the Head of Regeneration and Inward Investment within 7 working days of the receipt of the Notice. On the issue of such an appeal, the trader may continue to trade until the determination of the appeal by the Head of Regeneration and Inward Investment, which shall take place as soon as is reasonably practicable. The Trader shall have the right to be heard in person and represented. The Head of Regeneration and Inward Investment shall give their decision, in writing, which may either allow the appeal or uphold the Notice of Cancellation.

10. The Head of Regeneration and Inward Investment may authorise another person to conduct the appeal in their absence.

Gross Misconduct

11. In the event of gross misconduct by a Trader the Head of Regeneration and Inward Investment may issue a Revocation Notice and/or a Suspension Notice to prevent that person from occupying the Stall or working in any capacity on Chorley Markets pending a disciplinary hearing. The Head of Regeneration and Inward Investment shall convene the hearing at the earliest opportunity, but in any event not later than 7 days from the issue of the Suspension Notice. The Trader shall have the right to be heard in person and represented. No fees will be refunded during a period of suspension.

12. The following are examples of gross misconduct but this list is not exhaustive:

• acts of dishonesty, indecency or violence
• serious abusive or insulting behaviour
• any act causing or likely to cause death or personal injury
• an offence in connection with the business carried out at the stall or space for which legal proceedings have been instigated
• offering bribes or inducements to Council staff.

13. Following the disciplinary hearing, the Head of Regeneration and Inward Investment shall give his decision in writing, which may either:

• reject the claim of gross misconduct, in which case the Trader will be allowed to continue to trade and further Daily Licences will be issued
• issue a further Suspension Notice to the Trader, for a period not exceeding 3 months from the date of the decision
• issue a Termination Notice

Appeal to Council

14. A Trader may appeal against a Termination Notice served under this procedure to the Town Centre Executive Member, or such Committee to whom the function of dealing with such appeals is from time to time delegated, by sending a written notice within 7 working days of the receipt of the Head of Regeneration and Inward Investment decision to the Chief Executive, Town Hall, Chorley, PR7 1DP

15. The Trader shall be able to attend in person and shall have the right to be represented at such appeal.

16. The Town Centre Executive Member shall be entitled to regulate its own procedure but shall either

• allow the Trader's appeal, or
• confirm the Termination Notice in respect of the Trader's Daily Licence. .

17. The trader shall be notified in writing of the decision of the Town Centre Executive Member as soon as practicable after the decision is reached.

18. The Head of Regeneration and Inward Investment may authorise another person to conduct the appeal in their absence