5.5 A commercial market is one which is operated for profit and where the traders are engaged in a business activity of selling goods for their own purposes. The Council shall consider applications in respect of commercial markets having regard to the following matters:

a) No market shall be authorised within 6 2/3 miles of an existing licensed market unless it can be demonstrated that the new market shall not undermine the council’s existing markets and not prejudice the overall market offer. There are other grounds set out in 5.9 which may result in an application being refused

b) The applicant is required to provide a site plan showing the extent of the proposed market area and proposed layout of stalls

c) The applicant is required to undertake a risk assessment in relation to the proposed operation of the market and make this available for inspection by the Council upon request

d) The applicant must ensure that all other necessary consents and licences have been obtained prior to the market taking place

e) A fee must be paid in respect of any consent given by the Council, which shall be based on both the size of the market, location and the frequency with which the market is held. The fee must be paid before the market is held

f) In respect of any consent the Market Operator must have adequate insurances in place (including a minimum of £5 million public liability insurance) as per expectations in the Terms and Conditions and ensure that all stallholders have their own adequate insurances in place, also including a minimum of £5 million public liability insurance

g) All trading standards guidelines, health and safety requirements and any other relevant legislation must be adhered to. Further instruction is provided in section 7

h) The Council shall look for the proposed market to complement existing retail activity in the local area and support the Council’s objective of helping to create thriving town centres that are attractive and welcoming

i) Following outline approval of an application a licensing agreement must be entered into between the Operator and the Council, and such licensing agreement must be signed by both the Council and the Operator before the market takes place. The licence agreement will cover the issues set out in this section and all other matters the Council deems to be relevant including the following:

i. Waste disposal arrangements

ii. Road closures and traffic management

iii. Noise and nuisance

iv. Health and safety issues

v. Power usage vi. Confirmation that all other relevant licences have been obtained

j) The Council shall insist on any other requirements as are deemed appropriate

5.6 An example of a licence agreement is given at Appendix 1.

Applications should be made to:

Phil Byers
Cumbria House
Botchergate
Carlisle
Cumbria
CA1 1RD

Email: Phil.byers@cumberland.gov.uk

5.7 Community-based markets are normally organised by local communities or organisations with the intention of raising funds for a specific charity or celebrating a special event.

5.7.1 The Council shall consider applications in respect of community-based markets having regard to the following requirements:

a) The markets must be operated on a non-profit making basis to assist a charity or community event and the Operator shall supply relevant information to the Council if so requested. While it is acknowledged that some traders shall be selling goods for their own purposes, the Council shall look for the event to have a strong charitable element in the way the event is organised

b) The applicant shall be required to provide a site plan showing the extent of the proposed market area and proposed layout of stalls

c) The applicant shall be required to undertake a risk assessment in relation to the proposed operation of the market and make this available for inspection by the Council upon request

d) The applicant must ensure that all necessary consents (e.g. planning) have been obtained prior to a market taking place

e) Where the market is to be operated on a non-profit making basis to assist a charity or community event then the licence fee may be waived

f) In respect of any consent the Market Operator must have adequate insurances (including a minimum of £5 million public liability insurance ) and all stallholders should have a minimum of £5 million public liability insurance cover in place

g) All trading standards guidelines, health and safety requirements and any other relevant legislation must be adhered to

h) Following outline approval of an application a licensing agreement must be entered into between the Operator and the Council and such licensing agreement must be signed by both the Council and the Operator before the market takes place. The licence agreement will cover the issues set out in this section and all other matters the Council deems to be relevant including the following:

i. Waste disposal arrangements

ii. Road closures and traffic management

iii. Noise and nuisance

iv. Health and safety issues

v. Power usage

vi. Confirmation that all other relevant licences have been obtained

Applications should be made to:

Phil Byers
Cumbria House
Botchergate
Carlisle
Cumbria
CA1 1RD

Email: Phil.byers@cumberland.gov.uk

5.9 As referred to in 5.5a there may be other reasons for refusing a market licence. These may include, but is not limited to:

i. Failure to provide information

ii. potential nuisance to nearby housing

iii. traffic management issues

iv. poor standards on previous occasions

v. poor communication with the Council

vi. Any detrimental effect the market may have on established businesses in the area local to the proposed market

5.10 The Council will endeavour to deal with applications for a markets licence within a period of twenty working days from receipt of the application. Applicants are urged to submit an application as early as possible to ensure that the Council has adequate time to consider the relevant matters in an appropriate way. In considering the application the Council will require sufficient information to deal with all the issues set out in the criteria listed above and also covered on the application form. Failure to provide such information is likely to lead to a delay in the Council coming to a decision.

5.11 The authority to grant a market licence is held by the Chief Executive Officer with this power being delegated under the Council’s constitution and scheme of delegation.

5.12 All decisions to grant market licenses are made at the discretion of Cumberland Council.

5.13 If the Council decides to refuse an application for a market licence it will contact the applicant and set out the reasons for its decision.

5.14 There is no statutory right of appeal against refusal to issue a market licence, however, you may appeal in writing against the decision.

Cumberland Council’s complaint process

5.15 Market Operators should re‐submit their application every 12 months if they wish to continue to operate a regular market. This must be done at least one month before their current market licence expires.

5.16 The Council will not send out reminders for renewals. It is up to the operator to renew their application on time.

5.17 Lapsed market licences will be dealt with as new applications.