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