Terms and conditions for casual trading at Swansea Market

1.           Application

1.1        By submitting the application form, the trader confirms that the information supplied is true and accurate.  Any errors or omission may result in an offer being withdrawn or immediate termination of trading consent.  

1.2        Is it the responsibility of the trader to inform the Swansea Market operator, "City Centre Management", of any changes in the information provided on the application form.

1.3        All applicants must read these terms and conditions prior to completing their application and are deemed to have accepted them on submission of an application.

1.4        Please note that a casual trading unit cannot be obtained from a third party under any circumstances. Sub-letting is strictly forbidden.

2.           Selection

2.1        City Centre Management reserves the right to refuse applications from any organisation or individual where it is felt that their presence in Swansea Market would not be in the interest of either Swansea Council, users of the City Centre or businesses operating in the area. 

2.2        Applications are reviewed in accordance with Swansea Market's Letting Policy.

2.3        During the application review process, the following criteria is considered but not limited to:

• Quality and suitability of the products / services for the location
• Source of the products - hand crafted products are highly desirable as are those of Welsh origin
• Uniqueness of the products / services

2.4        Required trading dates and stall locations are granted to successful applicants wherever possible, but there may be instances where alternative dates and locations are offered.

2.5        Whilst every effort is made to avoid this, we reserve the right (at our sole discretion) on any day to curtail or cancel the booking or direct that you occupy another stall.

2.6        The decision of City Centre Management is final. 

3.         Payment

3.1        The casual trading fee is payable following a successful application and in advance of trading dates.

3.2        No refunds or compensation of any sort shall be paid to traders who fail to attend the dates booked or where they have been instructed to cease trading due to non-compliance with any of these terms and conditions. 

4.           Insurance

4.1        All traders must hold their own Public Liability Insurance with minimum cover of £5,000,000 pounds to cover their period of trade.  Access to the stall will be denied without provision of a copy of this insurance certificate.  

5.           Indemnity and Disclaimer

5.1        In submitting the application form, traders shall indemnify the Swansea Council and all staff from and against actions, costs, losses (including legal fees), claims or demands in respect of any accident, damage, death or injury to any person or property arising directly or indirectly from casual trading at Swansea Market.

5.2        To the maximum extent permitted in law, you agree that Swansea Council is not responsible for any financial losses or for any loss or damage to your equipment, goods or personal belongings and for any personal injury to you or any part or person connected with you.

5.3        Swansea Council will not be held responsible for any theft or damage of goods at Swansea Market; it is the trader's responsibility to have appropriate cover.

6.           Statutory and Regulatory Compliance (including COVID-19)

6.1        Traders are expected to comply fully with any relevant legislation including in respect of Trading Standards, Consumer Protection, Food Safety, Health and Safety, COVID-19 and requirements of the Environmental Health Department of Swansea Council.  Non-compliance will result in the termination of the casual trading consent.

6.2        Upon notification of a successful application, a Health & Safety checklist will be provided which must be completed and a copy provided prior to commencement of trade. Access to the stall will be denied without this.

6.3        Traders must ensure that they and any persons working at their stall are lawfully entitled to work for the trader in the U.K. and where the person is not a U.K. citizen have all visas, permits or other authorisations as required.

6.4        All applications for food stalls must provide details of registration with their local authority.

6.5        Traders are responsible for Fire Safety at their stalls and are required to have adequate fire safety measures in place including appropriate extinguishers where necessary.

6.6        A strict 'no smoking' policy is in place at all times within Swansea Market and the Loading Bay.  This includes electronic cigarettes and must be followed.

7.           Equipment

7.1        All electrical equipment, including new items, must be in good condition and have a receipt or a current PAT certificate if over 12 months old.

7.2        Failure to provide the relevant certificates will result in the equipment being removed from the stall.

8.           Alcohol sales

8.1        Traders wishing to sell alcohol will need to apply for a Temporary Event Notice (TEN) from Swansea Council. 

8.2        Traders selling alcohol must display Challenge 25 posters and ensure due diligence checks are carried out.

9.           Trader Conduct and Stall Management

9.1        Traders and their staff shall co-operate and comply with all reasonable requests and all other rules and regulations that may be advised from time to time by City Centre Management or representatives of Swansea Council.  Verbal abuse, physical aggression or antagonistic behaviour will not be tolerated.

9.2    Traders and their staff shall behave in a professional and socially acceptable manner having regard to the interests of all traders and their staff, the public, Council staff and the reputation of Swansea Market and City Centre as a whole.

10.       Use of the Stall

10.1     Aside from the use of shelving units where they have been provided, traders shall not make any structural alterations or additions to the stall and sightlines to surrounding stalls must be maintained at all times.

10.2     Any signage must be affixed in such a way as to not leave any residual marks upon removal.  

10.3     Traders must not place or hang goods beyond the boundaries of the stall.

10.4     Traders are not allowed to use any public address systems, or other practices which may cause annoyance to other traders and customers. No trader will be allowed to play music in or around their stall.  

10.5     Traders are only permitted to sell goods or services as listed on their approved application form.

10.6     All goods must be removed at the end of the trading day.  If a trader has booked for consecutive days, items may remain overnight but at the traders' own risk.

10.7     At the end of their trading period, traders must ensure that the stall is thoroughly cleaned down and same condition as at the start of occupation. Damage occurring as result of stall activity may result in costs being incurred to self for repair.

11.       Use of the Facilities

11.1     Facilities for waste disposal in Swansea Market are provided and can be found in the Loading Bay.  Traders must ensure there is no waste in or around their stall and waste is disposed of responsibly.

11.2     Use of the Loading Bay is permitted for active loading / unloading only and is monitored by a parking agency.

11.3    A 16-amp electrical power supply is available for a small daily fee.   If an electrical fault is caused by a trader's faulty equipment or by exceeding the supply allocated, the trader will be liable for any remedial costs incurred.

11.4     Swansea Market employs a Security Guard but traders are responsible for the security of their own goods/ belongings. Items left within the stall overnight are at the traders' own risk. (See Section 5).

12.        Data

12.1     By submitting the application form, you give permission for your individual and/or company contact details to be stored on an electronic storage and retrieval system and will be managed in accordance with data protection law.

12.2     The trader gives permission for their trading name and product description, as indicated on the application form, to be published on any Swansea Council owned website or social media account for advertising purposes.

12.3     The trader agrees to City Centre Management releasing the name and business address of the trader to any person complaining about any service or products supplied by the trader at Swansea Market.

13. Cancellations

13.1     City Centre Management reserves the right to delay, cancel, shorten or terminate a casual trading booking without notice in the event of emergency situations or any other reason beyond our reasonable control. In the first instance, every effort will be made to relocate or reschedule the booking.

13.2     Where we have exercised the right to delay, cancel or terminate the booking and a relocation or reschedule has not been feasible, the fee will be refunded.

13.3     We further reserve the right to immediately terminate the right to trade of any trader failing to comply with terms and conditions or any reasonable directions given by Council staff.

13.4     No refunds or compensation of any sort shall be paid to traders who fail to attend a booking or where a trader has been instructed to cease trading due to non-compliance with any of these terms and conditions.

13.5     If a trader wishes to cancel a booking, 14 days' notice must be given.  If a rescheduled date is not feasible, the fee will be refunded.