Market Licence policy

28. Enforcement procedures

1. 28.1. For six traders with a lease the following procedure will be followed alongside     their lease agreement. 
2. 28.2. The following procedure relate to breaches of licence/lease conditions and or this Market Policy.
3. 28.3. The Borough Council is able to issue verbal warnings, a note of which will be placed on the traders file. Written warnings can also be issued by the Borough Council for minor issues where a general improvement is being asked for. Again a record of this will be kept on the traders file. A verbal warning will be considered spent after a 6 month period if no further offences have been committed.
4. 28.4. Serious matters that may require immediate action such as suspension or termination of licence/lease can only be taken with approval from a Senior Officer from the Borough Council (Head of service or above). Any such decision must be clearly documented and subject to the trader having an ability to lodge an appeal against the decision.
5. 28.5. For all serious matters a formal hearing must take place, even if immediate action has been taken. For such a hearing at least three working days' notice must be given to the trader. The Council will aim to undertake any formal hearing by 28 days from the matter being raised, and that if this period is extended the trader will be notified in writing to include the reasons why.
6. 28.6. At the hearing oral and written evidence can be presented and cross-examination can take place in accordance with the principles of natural justice. All such hearings will be heard by a Senior Officer from the Borough Council who will have available to then the following actions
   • no action
   • first formal written warning
   • final formal written warning
   • termination of licence/lease with 28 days' notice
   • termination of licence/lease with no notice
7. 28.7. All breaches will remain on the trader's record (as held by the Borough Council) for a minimum period of twelve months.
8. 28.8. Examples of serious issues which may warrant immediate action including termination of Licence are
   • serious misconduct or dishonesty
   • assaulting a member of the public, a Borough Council Officer or another trader 
   • verbal abuse, harassment, intimidation, discrimination or bullying towards a member of the public, Borough Council Officers or other trader(s)
   • the trader has been convicted of selling counterfeit products or has received a formal caution, formal warning or such other similar measure from the Trading Standards Service or any other Enforcement Agency.
   • the trader has persistently failed to make payment of the Licence fee
   • the trader has failed to comply with the health and safety legislation affecting the Market sites or any Health and Safety requirements notified to the trader by the Borough Council.
9. 28.9. Any complainant that instigates this procedure will be notified that this process has been implemented. However the direct outcome of this procedure will not be communicated by the Council to the complainant to ensure Data Protection legislation is complied with.