Agenda item

            The Committee considered the undernoted report:

 

“1        Relevant Background Information

 

1.1       The purpose of this report is to advise Members of progress with respect to:

 

1.2       1.  Continental Market Report

            Members will be aware that a report was taken to Committee and then Council in September 2010 where it was agreed to go out to tender for another term for the Continental Market in Belfast.  The current contract for the Continental Markets held in front grounds of City Hall ended December 2010.  It had been intended that the new contract would start in the new financial year with the first Continental Market planned for May 2011.

 

1.3       2.  Markets Footfall and Economic Impact Figures 2010

            Surveys were carried out recently by Millward Brown Ulster on behalf of Belfast City Council’s Development Department - Markets Unit.  The survey covered the 2010 Christmas Continental, St George’s and Smithfield Markets. 

 

1.4       3.  Markets Usage

            Members will be aware that at the January 2011 Committee it was agreed that the Sunday Market would become a permanent fixture in the Markets calendar, subject to a positive review after an initial 12 months.  St George’s also hosts the weekly Friday and Saturday markets.  Event booking days are currently Monday, Tuesday and Wednesday, with some events booked for Sundays during 2011.

 

1.5       4.  Markets Policy

            Members will be aware that a briefing session took place on Friday 28 January 2011 on a draft Markets policy which would give the opportunity for private operators to operate markets in Belfast.

 

2          Key Issues

 

2.1       1.  Continental Market

            A review of the Continental Markets in Belfast has just been completed.  It included an analysis of the financial and operational arrangements of the continental markets in Belfast.  The review made a series of recommendations as to new conditions to be included in the new tender and contract.

 

2.2       The new tender for the Continental Markets is reducing BelfastCity Council’s expenditure; increase current income and aims not to reduce the economic impact the Continental Markets bring to the City.  The new tender will specify an increase on the fee payable to council, (on top of the addition to the set fee there will also be a proposal for profit sharing of the pitch fees, also being payable to council).  The new tender contract will ensure expenditure that council would have previously paid, will now be paid by the contractor, including set up and promotional costs.

 

2.3       The new tender will also specify that the new contractor will reimburse the council for units of electricity used.

 

2.4       A new electricity supply system is planned for City Hall grounds and it is anticipated this will be in place for the May Continental Market.  With lead in time of approximately 4 weeks and then advertising of the new tender, there is now inadequate time available to complete the new tender and ensure a contractor is in place in time for the Continental Market in May 2011, therefore Committee approval is sought to extend the previous contract operated by Market Place Europe for the May 2011 Continental Market. This would allow for the new tender process to be completed effectively.

 

2.5       Approval is sought to have the May Continental Market operated by Market Place Europe Ltd.

 

            Resource Implications

2.6       Income of £8,000 as per previous contract terms.

 

            Equality and Good Relations Considerations

2.7       Equality and good relations screening to be completed as part of the drawing up on the new tender.

 

            Recommendations

 

2.8       It is recommended that Members agree to the extension of the Continental Market to include May 2011 as per contract terms of old contract (Council receive the sum of £8K).

 

            Decision Tracking

 

2.9       There is no decision tracking attached to this section of the report.

 

2.10     2.  Markets Footfall and Economic Impact Figures 2010

            Christmas Continental Market 2010

 

            A recent survey conducted by Millward Brown Ulster on the estimated economic impact and footfall count has indicated that approximately, 588,816 people had visited the Belfast 2010 Christmas Continental Market during the period from 19 November to 20 December and that 1 in 10 were out of state and that almost 45% of those that visited were from the greater Belfast area.

 

-     Almost 7 in 10 (67%) will visit over shops in the City Centre

-     Royal Avenue and Donegall Place were the most popular areas to shop

-     Almost 2 in 5 (38%) intend to visit restaurants or cafés in the City Centre

 

2.11     The survey also reveals total gross economic impact to the local economy of the Continental Market over the 4 weeks was over £26m, with shopping and eating out accounting for approx £19.6m of this total.

 

	Total	Belfast	Rest of NI	Out of State
Estimated Attendees	588816
Total Estimated Spend				-
Accommodation	£3,615,407.24	£0.00	£151,512.80	£3,364,894.45
Eating out	£5,132,830.77	£1,698,209.35	£1,577,736.55	£1,856,894.87
Shopping	£14,462,558.61	£5,132,168.46	£3,698,992.28	£5,811,397.87
Entertainment	£1,288,745.41	£339,839.45	£464,202.71	£484,703.25
Transport	£1,288,156.91	£382,319.38	£428,191.84	£477,645.69
Gross Economic Impact	£25,967,698.95	£7,552,536.64	£6,320,626.18	£12,094,536.13

 

2.12     Using these averages of spend per person within each market sector we can calculate that the total gross economic impact of the Continental Market over the 4 weeks was almost £26m.

 

2.13     St George’s Market

            Visitor numbers over a weekend, (Friday, Saturday and Sunday) for St George’s was estimated at 11,647 and Economic Impact to the local economy was estimated at £315,230.49

 

2.14     The annual total gross economic impact of St George’s Market of the 3 combined markets to be, approx £15.5M, with shopping and eating out accounting for approx £12.5M.

 

2.15     On average, visitors from Belfast spent £18.59 during their visit to St George’s Market.  In the case of visitors from the rest of Northern Ireland average spend was higher at £31.54 per head.  Out of state visitors’ spend per head was much higher at £90.42 per head, (although this includes the elements of spend associated with their trip rather than their visit to the Market per se).

 

2.16     Smithfield Market

            Visitor numbers over a week through Smithfield was estimated at 13,566 and Economic Impact to the local economy of Smithfield for a week was estimated at £336,124.00

 

2.17     The total annual gross economic impact of Smithfield Market to be (£16.8 million) with shopping and eating out accounting for £15m annually.

 

2.18     On average visitors from Belfast spent £21.08 during their visit to Smithfield Market.  In the case of visitors from the rest of Northern Ireland average spend was higher at £30.68 per head.  Out of state visitors’ spend was £64.22 per head.

 

2.19     Resource Implications

 

            None.

 

2.20     Equality and Good Relations Considerations

 

            There are no Equality and Good Relations Considerations attached to this report.

 

2.21     Recommendations

 

            Members are asked to note the information concerning the footfall figures and Economic Impact to the local economy for the Christmas Continental, St George's and Smithfield Markets.

 

2.22     Decision Tracking

 

            There is no decision tracking attached to this section of the report.

 

2.23     3.  Markets Usage

 

            Up to this point St George’s Market has normally hosted 4 cultural events on a Sunday during the calendar year.  Currently no bookings are taken any Friday or Saturday Market days.  Officers are aware that requests for events to be held on St George’s market days may increase; and there is the potential for such requests to include a Friday and/or Saturday market days.  Therefore going forward there is a need for Council to articulate a clear policy on the usage of St George’s Market.

 

2.24     Officers are conscious that offering any of the markets days out as hire would be contentious with traders and their representatives.  Traders’ representatives have raised their concerns and have added that it may lead to loss of income if traders do not have the consistency of the weekly markets.

 

2.25     Resource Implications

 

            None.

 

2.26     Equality and Good Relations Considerations

 

            There are no Equality and Good Relations Considerations attached to this report.

 

2.27     Recommendations

 

            Members are asked to agree to further investigation of this issue with a view to presenting clear options to Members at a future Committee.

 

2.28     Decision Tracking

 

            There is no decision tracking attached to this section of the report.

 

2.29     4.  Markets Policy Update

            Members will recall that a decision was made by Committee in June 2010 to formulate a markets policy for the Council.  A final draft of the proposed policy is attached as appendix 1. 

 

            Permission is sought from Committee to go out to public consultation on the draft Markets Policy as attached.

 

2.30     Resource Implications

 

-     Potentially extra staff and financial assistance required to cover inspections and operational issues, when the markets policy is implemented.

-     Possible income generation.

-     Boost to local economy.

 

            These issues will be further explored and brought back to Committee in due course.

 

2.31     Equality and Good Relations Considerations

 

            There are no Equality and Good Relations Considerations attached to this report.

 

2.32     Recommendations

 

            It is recommended that Members;

 

2.33     1.  Approve the draft Markets Policy as a basis for public consultation and

            2.  Receive a future report on the resource implications attached to the public consultation period.

 

2.34     Decision Tracking

            Bring a report back to Committee on public consultation findings.

 

            Time Frame: August 2011    Reporting Officer: Shirley McCay

 

3          Documents Attached

 

            Appendix 1 - Draft Markets Policy

 

DRAFT MARKET RIGHTS

POLICY

 

(Version 7)

 

1.   INTRODUCTION

 

      BelfastCity Council holds the exclusive market rights for Belfast and no other market may operate legally within a 6 and 2/3 mile radius of a market operated by the Council. Exclusive market rights are therefore a valuable commercial asset to the city which the Council intends to retain, and has taken legal action in the past to protect.

 

      The history as to how Belfast City Council came to be in possession of those rights is detailed in Appendix One.

 

      However, the Council recognises that markets in Belfast have changed considerably and extend well beyond those envisaged when market rights were first obtained by the Council in the 17th century and by virtue of legislation in 1845.Markets are now often deliberately produced and consumed as authentic local experiences designed with the visitor in mind; as places to go, animated with music, performances and entertainment; and as initiators of city and neighbourhood regeneration. A large element of markets’ evolution has been their ability to attract footfall and income to localities starved of investment and as a means of kick starting community confidence in the potential of an often forgotten space of place. As part of Belfast’s transformation in the post peace process era, we have seen the rapid expansion of market type activity as part of festivals, special events and community fundraisers.

 

      Whilst may of these types of activities extend beyond the traditional market definition, it is important to recognise that they are part of a modern environment and their operation should be supported and placed on a legally sound basis. The role of this policy is to review the current demands and requirements within the city in relation to alternative market creation, operation and enforcement and to take account of the legal position as well as the modern environment and place management agenda.

 

      Belfast City Council therefore wishes to make available the rights which it holds to private interests and organisations for the purposes of operating such events, which will be held under licence from the Council, subject to adherence to such terms and conditions as deemed appropriate.

 

      The Council intends to invite expressions of interest from any persons or organisations who wish to hold a regular market within the city. It also welcomes applications for one off or temporary markets throughout the year.

 

      Whilst welcoming all such expressions of interest and applications, the Council recognises the contribution in terms of culture, the local economy and tourism already provided in the city by St. Georges Market and Smithfield Market. In those circumstances, no licence shall be granted for a regular market in the city centre on a Friday, Saturday or Sunday save in such circumstances that the Council can be satisfied that the proposal will complement the existing market provision in the city centre.

 

      The Council is also prepared to consider permitting other regular markets outside the city centre in other suitable locations, for example at the North Foreshore, but only where such applications complement existing market provision and comply with the general principles below.

 

      Car boot sales are also a market, although the Council recognises that the majority of such events are held as a one off and for charitable purposes. This is recognised in the application requirements in relation to such events, which are detailed in Appendix Two, which also holds more detailed provisions in relation to other types of markets.

 

      Each application will be considered on its own merits and will be fairly and objectively assessed.

 

      Belfast City Council is committed to fulfilling it’s responsibilities under Section 75 of the Northern Ireland Act 1998. Therefore any decision regarding the grant of a market licence will be impartial and shall not be influenced by the religious beliefs, political opinion, racial group, age, gender, marital status or sexual orientation of the applicant.

 

3.   PURPOSE OF THIS POLICY

 

      This policy has been developed to set out Belfast City Council’s position with regard to markets and the general principles which shall be applied to any expression of interest or application received to hold a market. The policy shall provide guidance to the general public, potential applicants and officers in relation to the licensing of markets.

     

The policy and the fee structure in relation to holding markets are subject to review through the passage of time and the policy is subject to review where legislative changes make it necessary to do so or in other such circumstances when deemed appropriate or expedient by the Council.

 

4.   GENERAL PRINCIPLES

 

      Without prejudice to the Council’s right to take into account any consideration which it believes to be relevant, when assessing an application the following matters will be

considered:

 

(a)     Will the proposal enhance the general amenity of the area;

(b)    Will the proposal animate a vacant site in the city;

(c)     Will the proposed type, location or size of the market improve the economic development of the area/city;

(d)    Will the proposal contribute to the development of culture, arts and tourism in the city;

(e)    Does the proposal fulfil an objective of Belfast City Council’s Corporate Plan and/or is it consistent with any Council policy, strategy or other initiative;

(f)     Is the proposal consistent with any development plan or master plan applicable in or relating to the relevant area;

 

(g)    Whether the location at which the market is proposed is suitable;

(h)    Whether the relevant planning permission has been obtained;

(i)      Are there any other statutory provisions which appear relevant to the application;

(j)      Is there any risk to public safety;

(k)     What are the potential environmental effects such as additional litter, cleansing requirements, odour and noise and how those will be dealt with;

(l)      Does the location provide adequate space for the proposal without causing undue interference or inconvenience to persons or vehicles;

(m)    Is there potential for the proposal to have an adverse effect in terms of anti-social behaviour and/or public disorder;

(n)    Is the Applicant a fit person to whom a licence should be granted.

(o)    Will the proposed market complement existing market or retail provision in the locality.

 

5.         GRANT OF LICENCE

 

            The Council may grant a licence subject to any condition which it sees fit and may grant a licence for the applicant to trade on fewer days, or for a shorter period than that specified in the application.

 

            A licence may be granted for a maximum period of 3 years or for such shorter period as the Council sees fit, including the grant of licences authorising the holding of a market on a certain date or dates.

 

            Where an application has been lodged but the proposed location is not suitable the Council may grant a licence for a nearby alternative location which is more suitable provided the applicant can demonstrate that it has consulted with all appropriate persons.

 

            The decision of the Council will be final.

 

6.         MULTIPLE APPLICATIONS

 

            Belfast City Council acknowledge that there may be instances in which more than one application or expression of interest will be received for a proposed market at a specific location.

 

            In those circumstances, the applications will be brought before the Council’s Licensing Committee for consideration, only upon the basis that officers are satisfied that all the necessary consultation has taken place and consents as detailed above have been obtained. Such applications may also be referred to the Development Committee for consideration in order to inform the decision of the Licensing Committee.

 

            In the case of competing applications the Council will determine which if any to grant a licence to on the merits of the applications and having regard to those matters set out in the Section headed General Principles.

 

            The Council may require Applicants to appear before the Council’s Licensing Committee to make representation and answer questions in determining whether an application shall be granted.

 

7.         GROUNDS FOR REFUSAL

 

            The Council reserves the right to refuse an application for any reason.

 

            Without prejudice to that right, the Council will refuse an application in the following circumstances:

 

(a)     Where the applicant has, in connection with the proposal, made a statement which he knows to be false in a material particular;

 

(b)    The applicant is, whether on account of misconduct or some other reason, unsuitable to hold a licence;

 

(c)     The applicant has refused or neglected to pay fees or other charges to Belfast City Council in relation to a market licence or any other matter for which the Council is entitled to charge fees;

 

(d)    Where there is a designated street trading site or market at the proposed location from which a licensed trader is currently operating;

 

(e)    The applicant has failed to provide all the information required by the Council to deal with the application;

 

(f)     There is sufficient market provision in the area already.

 

      The Council may also refuse an application where there are designated street trading sites at the proposed location regardless of whether there is a trader operating from those sites.

 

8.         REVOCATION OF LICENCE

 

            The Council reserves the right to revoke the licence for a breach of any of the conditions under which it was granted or for any other substantial reason.

 

            In any case in which the Licensing Committee is presented with a report to address the question of revoking a licence it shall give an opportunity to the licence holder to appear before it and make representation prior to a decision being made.

 

9.         SUSPENSION OF A LICENCE

 

            If the question of revocation arises in the context of public order or public safety an authorised officer may suspend the operation of the licence pending referral to the Licensing Committee for a decision.

 

            Where the location of a market becomes temporarily unsuitable for any reason, and in particular in relation to any road works or development, the Council reserves the right to suspend a licence until such times as the works or development have been completed.

 

10.       Procedural requirements for applicants

 

            Applicants must apply to the Council providing full details of the proposal, its location (by reference to an Ordinance Survey map) and the dates and times of operation. The map should be 1:500 scales and should show the location of any existing street furniture and the proposed location of the market.

 

            Applicants must demonstrate that appropriate and sufficient consultation has been undertaken in relation to their proposal with supporting documentary evidence  produced. It is expected that applicants will provide all the information referred to in the preceding paragraph to consultees.

 

            Applicants for a licence are required to consult the following:

 

(a)     P.S.N.I District Commander for the area in which the proposal is situated;

(b)    Department of Regional Development as regards roads and the regulation of local traffic;

(c)     Department of Social Development;

(d)    Planning Service.

 

      Depending on the scale, location and nature of the proposal, Belfast City Council may require an applicant to consult with such other persons or organisations as it deems appropriate. In addition, the Council may undertake its own consultation with those persons or organisations which it deems to be appropriate.

 

      The Council reserves the right to require the applicant to publish notice of intention to apply for a licence in a newspaper circulating in the area, in accordance with the Council’s policy regarding advertising notices, the form of which must be agreed with the Council in advance. In those cases in which the Council does not require publication of a notice, the Applicant will comply with any directions given by the Council regarding consultation with persons residing or trading in the area to which the application relates.

 

      In any case in which planning permission is required, any application not supported by proof that such permission has been obtained will be refused.

 

      Applicants will be required to produce a business plan, an environmental management strategy and, if granted a licence, a health and safety risk assessment prior to the opening of any market.

 

      In any case in which the application relates to the holding of a car boot sale and the proposal is to hold six or less events in a year and the scale of the event may be regarded as deminimis (less than 20 persons trading), the requirement to consult and produce the documents required in the preceding paragraph (with the exception of the risk assessment) will not be required. The decision as to the grant of such a licence may be taken by an officer or officers authorised in that regard by the Council.

 

      Applications will be determined by the Licensing Committee of the Council, however in relation to any application impacting or potentially impacting upon any Council strategy, policy or initiative or where otherwise officers are of the view that due to the scale and nature of the proposal it is appropriate to do so, the matter will be referred to the Council’s Development Committee to ascertain the views of that Committee prior to a decision being made.

 

      The Council may require the Applicant to appear before the Licensing Committee and to      make representation and answer questions in relation to the proposal.

 

11.       GENERAL CONDITIONS

 

            The following conditions will attach to every licence which is granted by the Council, subject to any other additional conditions which the Council deem necessary.

 

(a)     Periodic visits will be made to markets by an officer of the Council to ensure compliance with the conditions of licence. The standard conditions attached to any licence will include a right of access for authorised council officers.

 

(b)    Failure to pay any fees due may result in revocation of the licence and/or may result in future applications being refused.

 

(c)     It is the responsibility of the organiser and operator to ensure that the market does not become a nuisance to residents or neighbouring businesses, and are operated in an appropriate manner, including compliance with relevant legislation for public events and with Belfast City Council’s Health & Environmental Services Department and Trading Standards requirements.

 

(d)    The organiser or operator agrees to indemnify the Council against any claims for personal injury, loss or damage howsoever sustained.

 

(e)    The applicant must demonstrate it holds adequate public liability insurance and, if applicable, employers liability and products liability insurance.

 

(f)     If it is proposed that entertainment will be provided at the event, the applicant may be required to apply for an entertainment licence in addition to the market licence.

 

(g)    If it proposed that food will be provided at the event, the applicant and each relevant stall holder shall ensure that it is registered with the Council as a food business operator.

 

(h)    If a licence is granted, it is the responsibility of the organiser/operator to ensure that no fly posting or leafleting in relation to the event takes place and that no notices, signs or advertisements are fixed on any street furniture, structure or trees.

 

(i)      Event organisers or traders shall not display openly on their stalls, any flags, or emblems of any nature considered by the Council to cause offence. 

 

(j)      It is the responsibility of the organiser/operator to ensure that no counterfeit or stolen goods are sold at their event.

 

(k)     All fees are non-refundable.

 

(l)      All matters pertaining to the conduct of the market, including consumer safety and health and safety, are the sole responsibility of the Applicant.

 

(m)    Approval to hold a market is not-transferable to any other person or company.

 

      Breach of any of the above conditions will entitle the Council to determine the licence. In the event that the Council is of the opinion that any of the conditions have been breached and it is minded to determine the licence, it shall give the licence holder the opportunity of appearing before the Licensing Committee and making representation prior to any decision being made. The decision of the Licensing Committee will be final.

 

Appendix One

 

      The history of Market Rights in Belfast goes back to 1620 when extensive lands in County Antrim were granted to Lord Chichester by King James. In addition to the Grant of those lands, a franchise right to hold a market in the town of Belfast was also granted by the King.  These franchise market rights were subsequently transferred to Belfast Corporation in 1847.

 

      In addition to these franchise market rights, the then Belfast Corporation was granted the power to purchase existing market rights and to provide new market places by virtue of a number of pieces of legislation.  The legislation grants Belfast City Council the exclusive right to establish a market within its district, to regulate the conduct of those markets and to make bye-laws in relation to them.

 

      A market is legally defined as being either a franchise or statutory right to hold a concourse of buyers and sellers to dispose of commodities. The following events would be considered to be a market;

 

1.      Farmers market;

2.      Car boot sale;

3.      Specialty market;

4.      Regular variety market.

 

      Any market that is owned or operated, other than by the Council, within a 6 and 2/3 radius is defined in law as a ‘Rival Market’ and shall be operating illegally. As the Council holds the exclusive right to hold markets, it is entitled to take legal proceedings to restrain any person or organisation from holding such a market.

 

Appendix Two

 

CAR BOOT SALES

 

1.      Car Boot sales shall be restricted, as far as possible, to householders selling surplus household articles.

 

2.      No new goods are permitted for sale at any Car Boot sale.

 

3.      The Council may limit the number of trading positions depending upon the nature of the application, particularly with regard to the proposed location of the Market.

 

4.      Permission shall only be granted to any organisation or individual during the course of any 12 month period, to hold a maximum of 12 car boot sales. Only one application per household or organisation shall be permitted in any 12 month period

 

5.      Any site or premises may only be used for a maximum of 12 car boot sales during the course of any 12 month period.

 

6.      Should any part of the site or premises be used for a market, any other part of the site or premises should not be deemed as a separate site or premises for the purposes of this policy. A site must be of a different location, have separate boundaries and be a suitable distance from other sites at which any Market is or has been operating.

 

7.      If, in the opinion of the Council, any organiser of a car boot sale either directly or indirectly contravenes any of these conditions, then the Council may determine to refuse a subsequent application for a licence from that person by reason of that contravention.

 

8.      Any venue used for the purposes of a Car Boot sale which, in the opinion of the Council, either directly or indirectly is used in contravention of these conditions will not be permitted to host any further markets of any description until such times as the matters giving rise to the breach have been remedied to the Council’s satisfaction.

 

9.      In respect of a car boot sale organized by commercial organiser a fee of ? shall be payable upon application. (Do we charge flat fee or basic fee and additional fees per car as well?)

 

10.    In respect of a car boot sale operated by non commercial organisers or operators a fee of ? shall be payable upon application. (Do we charge flat fee or basic fee and additional fees per car as well?)

 

11.    In respect of a car boot sale operated by registered charities a fee of  ? shall be payable upon application. (Do we charge flat fee or basic fee and additional fees per car as well?)

 

12.    A registered charity must provide written confirmation of their registered charity number and that the full proceeds of the event will be received by the organisation must be sent at the same time as the application for a licence.

 

FARMERS MARKET

 

1.      A Farmers Market is a themed market whereby farmers or producers meet to sell their own produce.

 

2.      The organiser/operator of the market must supply the Council with the register of all farmers trading at the market, together with the address of the farm.

 

3.      The Council may limit the number of trading positions depending upon the nature of the application, particularly with regard to the proposed location of the Market.

 

4.      Permission shall only be granted to any organisation or individual during the course of any 12 month period to hold maximum of 12 Farmers Markets.

 

5.      Only one individual will be permitted to apply per household.

 

6.      No licence for a Farmer’s market shall be granted on a Friday or Saturday.

 

7.      Any site or premises may only be used for a maximum of 12 Farmers Markets during the course of any 12 month period.

 

8.      Should any part of the site or premises be used for a market, any other part of the site or premises should not be deemed as a separate site or premises for the purposes of this policy. A site must be of a different location, have separate boundaries and be a suitable distance from other sites at which any market is or has been operating.

 

9.      If, in the opinion of the Council, any organiser of a Farmer’s Market either directly or   indirectly contravenes any of these conditions, then the Council may determine to refuse a subsequent application for a licence from that person by reason of that contravention.

 

10.    Any venue used for the purposes of a Farmer’s Market which, in the opinion of the Council, either directly or indirectly is used and contravention of these conditions may not be permitted to host any further markets until such times as the matters giving rise to the breach have been remedied to the Council’s satisfaction and, if appropriate any necessary undertakings are provided as regards to future conduct.

 

11.    A market license fee will be charged at ? per trading day and must be paid in full upon application. (Do we charge flat fee and per stall as well?)

 

SPECIALITY MARKET

 

1.      Speciality markets are those where there is a specialised theme or grouping of produce or goods that make the event more than a car boot sale or traditional market. For example, a continental, craft market or exhibition market.

 

2.      The Council may limit the number of trading positions depending upon the nature of the application, particularly with regard to the proposed location of the Market.

 

3.      An application for a speciality market licence must be lodged at least 4 months before the date of the proposed event.

 

4.      Permission shall only be granted to any organisation or individual during the course of any 12 month period, to hold a maximum of 12 daily speciality markets or for no longer than 12 consecutive days.

 

5.      Only one application per household or organisation shall be permitted in any 12 month period.

 

6.      Any site or premises may only be used for a maximum of 12 speciality markets during the course of any 12 month period.

 

7.      Should any part of a site or premises be used for a market, any other part of the site or premises should not be deemed as a separate site or premises for the purposes of this policy. A site must be of a different location, have separate boundaries and be a suitable distance from other sites at which any other market is or has been operating.

 

8.      If, in the opinion of the Council, any organiser of a speciality market either directly or indirectly contravenes any of these conditions, then the Council may determine to refuse a subsequent application for a licence from that person by reason of that contravention.

 

9.      Any venue used for the purposes of a speciality market which, in the opinion of the Council, either directly or indirectly is used in contravention of these conditions may not be permitted to host any further markets of any description until such times as the matters giving rise to the breach have been remedied to the Council’s satisfaction.

 

10.    In respect of a speciality market organized by commercial organiser a ? fee per trading day shall be payable upon application.

 

11.    In respect of a speciality market operated by non commercial organisers or operators a fee of ? per trading day shall be payable upon application.

 

12.    In respect of a speciality market operated by registered charities a fee of ? per trading day shall be payable upon application.

 

13.    A registered charity must provide written confirmation of their registered charity number and that the full proceeds of the event will be received by the organisation must be sent at the same time as the application for a licence.

 

REGULAR MARKET

 

1.   A regular market is a market which is held on a number of days throughout the year and will be a general retail market where a variety of goods are available for sale or swap.

 

2.   If it is proposed that the market shall be held on more than 14 days per year, the appropriate planning permission must be obtained and proof of same lodged with the licence application.

 

3.   An application for a regular market licence must be lodged at least 4 months before the date of the proposed event.

 

4.   Proof of the permission of the venue owner to hold the market must also be lodged with the application.

 

5.   The applicant must also provide a full business plan to include:

 

(a)     A plan showing the proposed layout of the market;

(b)    A financial plan;

(c)     The organisers health and safety policy, coupled with the necessary risk assessments;

(d)    The organisers food safety policy;

(e)    An environmental statement;

(f)     Documentary evidence, to include 2 supporting references, demonstrating the applicants experience and track record.

 

6.   Upon receipt of an application, the Council may decide not to issue a typical market licence but instead enter into a negotiated contract which reflects the needs of the market as well as providing suitable remuneration to the Council for the provision of market rights. 

 

7.   It may be necessary for Belfast City Council to carry out a procurement exercise in relation to any proposed regular market to comply with its obligations under EU procurement requirements.

 

8.   Any agreement reached in respect of a regular market shall reflect the principles within this policy including the right of the Council to determine in the event of any breach of condition.”

 

            The Committee adopted the recommendations at paragraphs 2.8, 2.21 and 2.27 and endorsed, as a basis for public consultation, the draft Market’s policy and appendices 1 and 2 as set out.