Subject to the “Licensee’s Undertakings” and the other terms of this Agreement, and after payment of the Administration Fee and the Licence Fee the Council as the Market Rights owners hereby grants this Market Rights Licence to the Licensee on the Date Issued to hold the Market for the Market Type and Permitted Commodities with the Permitted Trading Spaces at the Market Location on the Market Days and Times with the Trading Spaces at the Premises to sell the Commodities.
It should be noted that this Licence is independent of any other requirement for a licence or licences that may be required by the Licensee or owner of the premises, the responsibility for obtaining the same is solely the obligation of the Licensee.
“Trading Spaces” means stalls stands pitches gazebos tables and vehicles including catering vehicles each Trading Space being restricted to an individual seller and typically defined as an area of 3m by 3m and any Trading Space including more than one seller to be deemed as multiple spaces.
Licensee's undertakings
The Licensee agrees and undertakes to the following
to comply with the Council’s Market Rights Policy available online at Overview | Market Rights Policy | Manchester City Council;
to not hold the Market at any premises to which the Licensee has not obtained the written permission of the owner of the premises, and to comply with any requirements of the owner of the premises;
to not hold the Market without any necessary planning approvals, licences, consents and permissions required for the operation of the Market for which separate fees and notice periods may be applicable;
to only hold the Market Type and allow the sale, storage or display of the Permitted Commodities excluding any Things You Cannot Sell, Store or Display as defined online at https://www.manchester.gov.uk/directory_record/453041/things_you_cannot_sell_store_or_display_on_our_markets and as may be amended by the Council from time to time;
to comply with the relevant Sunday Trading legislation, where applicable;
to comply with all statutory and regulatory requirements and all reasonable rules and regulations of the Council in relation to the use of the premises and the operation of the Market;
to ensure the safety of everyone at the Market, that all activities at the Market meet current health and safety legislation, and that all equipment is safe and fit to use and users are suitably trained;
to provide safety documents like fire risk assessments, event management plans, food safety plans, and alcohol management plans upon request to the Council and any statutory bodies;
to ensure that the market does not cause any nuisance, damage, annoyance, inconvenience or disturbance to the premises, neighbours, or visitors;
to keep a record of the name, address and contact information of anyone renting a space at the Market, and to make these available to Council officers or representatives when asked;
to ensure that anyone renting a space at the Market complies with all statutory and regulatory requirements and has obtained all necessary consents, licences, certificates, authorisations and insurances;
to ensure that the Market and all food and drink sellers comply with the Food Safety Act 1990 and all food safety and hygiene regulations, and to contact the Environmental Health Service at email envh.licensing@manchester.gov.uk or telephone 0161 234 5004 at least 10 days before each of the Market Days and provide all requested details regarding all food and drink sellers at the Market;
to not display notices or posters advertising on lampposts, buildings etc., without permission of the Council or in contravention of the Town and Country Planning Act 1971 (advertisements without permission) or the Environmental Protection Act 1990;
to obtain a permit from the Council before making or permitting any charitable collections to be undertaken at the Market;
to ensure that any copyrighted recorded music is not played at the Market without the appropriate licences from PPL (PPL - UK and international recorded music royalty collection) and PRS (PRS for Music: royalties, music copyright and licensing);
to comply with the Code of Practice and share this with all sellers as well as the information leaflet ‘How to Stay IP Legal’ (available to download from the Real Deal website);
to provide access to Council officers or representatives to inspect the market at any reasonable time and comply with all their reasonable requests;
to notify Manchester Markets within seven days after each Market where more than the number of Permitted Trading Spaces are occupied on any and every market day and then pay the notified additional licence fee within seven days;
to notify Manchester Markets of any changes to the details they have registered with Manchester Markets within seven days of any changes;
to indemnify the Council against all losses, claims, demands, actions, proceedings, damages, costs or expenses, or other liability arising in any way from the operation of the market;
to effect and maintain throughout all Market Days and Times public indemnity insurance in a sum not less than £5 million for markets being held on private premises or not less than £10 million for markets being held on Council premises in respect of the Licensees liability and any liability of the Council in relation to all public liability and third-party risks, and all liability actions proceedings costs claims demands and expenses whatsoever in respect of or in connection with any injury (including death) loss or damage to any persons or property;
to provide the Council with a copy of the public indemnity insurance certificate upon request.
Termination
The rights granted in this Licence shall terminate:
automatically at the end of the Market Days and Times; and / or
upon the Council having served a notice of immediate termination following a material breach by the Licensee of this Agreement and/or of any of the Licensee’s Undertakings; and / or
on not less than seven days’ notice given by the Council or the Licensee to the other party.
Assignment prohibited
The benefit of this Licence is personal and exclusive to the Licensee and shall not be capable of assignment or transfer to any other party.
Disclosure
To ensure people are aware that the Market is licensed the Council may post page 1 of this Licence on the Council’s Market Rights webpage once it has been issued and whilst it is valid.
As part of their commitment to the Real Deal Initiative the Council may disclose details of the Market to the Trading Standards.
The Council may disclose details of the Market to other relevant City Council Departments.
Jurisdiction
This Agreement shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.