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Market Regulations

APPENDIX 5 CHORLEY MARKETS CRITERIA FOR THE NOMINATION OF A SUCCESSOR TO A DAILY LICENCE

(a) These nomination rules apply to Permanent Traders only. A Daily Licence is personal to the trader holding that licence and is incapable of assignment.

(b) Where a Permanent Trader has at least 1 year continuous service on a particular Stall on Chorley Markets, that trader is permitted by the Council to nominate the person who is to take the next Daily Licence of the particular Stall that they occupy. Such nomination is, however, strictly subject to the provisions contained within this document.

(c) If an incoming Trader is new to Chorley Markets, then that Trader's seniority is calculated from the first date that they occupy the Stall in question. Consequently, such a new trader will not be allowed to nominate a successor until he/she has attended Chorley Markets for 1 year. Should an incoming Trader be an existing Daily Licence holder they will retain their seniority.

(d) Nominated Traders must continue with the same goods / services for a period of no less than 12 months from the date of the signing of the Daily Licence, unless given express permission in writing by Market Management prior to the issue of the Licence or an application to change the Daily Licence is submitted and approved.

(e) Daily Licences in respect of Stalls are not leases and thus any perceived value for the benefit of transferring the Daily Licence is solely for negotiation between outgoing and incoming traders. Negotiations for fixtures and fittings, which are the property of the outgoing Trader, will be permitted but the Stall itself shall remain the property of the Council and must not form part of any negotiations between the outgoing Trader and the nominee. Should the outgoing Trader be in any doubt whatsoever over ownership of any part of the Stall it is the responsibility of that trader to clarify with Market Management.

(f) Any Trader seeking to nominate a successor must complete fully the "Application Form for Permanent Space", which is available from the Markets Office (see Appendix 3). The nominee must also sign the form.

(g) The Council will have absolute discretion in choosing to accept or reject a nominee.

(h) The Council will not approve any nomination applications should an outgoing trader have any outstanding Breach Notices or arrears.

(i) The outgoing trader is responsible for the payment of the Council's administration charges (current at the time of nomination) associated with the nomination request. Such costs are to be paid before Market Management will consider a nomination application and will not be refundable under any circumstances. The charges are reviewed annually and are available for inspection at the Markets Office (see Appendix 7).

(j) By signing the application form, the outgoing Trader and nominee both acknowledge that they understand fully and agree to all of the conditions described above.

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