Car boot sales rules and regulations

Definitions

• The council means Rushmoor Borough Council.
• The car boot means a registered and approved Rushmoor Borough Council location.
• Market Manager shall be the person or persons nominated to act in this role by the council.
• Stall means vehicle, space, table, pitch, trailer or any space where goods are sold.
• Site means the place allocated to a stallholder.
• Stallholder means the person who paid the pitch fee on entry to a site.
• Stallage Rights means the right to occupy a stall on an allocated site.
• Agent means any person visiting the car boot who has any connection with a stall or stallholder.
• Any reference to action by the council shall include any member of staff employed by them or their approved operator for the purpose of market operation and management.

General

1. Nothing in these rules or regulations shall be deemed to create the relationship of landlord and tenant between the council and stallholder.
2. "Stallage Rights" are granted by the council subject to observance of all of these regulations or rules by the stallholder.
3. Payment for stallage rights shall be paid in advance via the pre-booking service available by calling the council on 01252 398007. Bookings are taken between 9am and 4pm Monday to Thursday and 9am and 3:30pm on Friday. Payment will be taken at the time of booking. Payments are non-refundable or transferrable unless the council cancel the car boot sale.
4. The council reserve the right in their absolute discretion to refuse stallage rights or entry to any person or persons for any reasons.
5. Stallholders and buyers shall comply with any instructions given by the council's officers or representative of the approved operator.
6. The council reserves the right to alter any stall location, change the layout or vary the trading times on any occasion and no party will have exclusive occupation of any site. The council reserves the right to alter or vary the location of any site without notice.
7. If in any event the council moves the car boot, stallholders will not retain any rights to occupy any part of the existing market site.
8. If any stallholder contravenes any of these rules and regulations herein the council shall invoke against the primary stallholder the procedures set out in the disciplinary section of these rules and regulations.
9. Stalls or trading space will not be let to any political party that is registered as such by the Electoral Commission.

Trading Hours

1. The car boot site will be available for setting up from 7am for our Farnborough site. There is to be no trading between sellers prior to 8:30am when the buyers are admitted. Any buyer caught trading early will be suspended from future car boot sales. Repeat offenders will be banned. Traders must not leave the site until 1:30pm, due to health and safety. By 3pm all transport must be clear from the site.
2. No refunds will be made where the car boot has commenced operation.
3. No vehicles will be allowed entry after 8:30am.
4. Stallholders shall not conduct "Dutch" auctions or similar methods of trading except on sites specifically agreed by the council for that purpose.
5. Stallholders shall not offer for sale any goods, which by reason of size, smell, noise, condition or nature are, in the opinion of the council, objectionable for any reason. Any goods identified as objectionable shall be removed forthwith from the car boot by the stallholder.
6. Stallholders shall not offer for sale any weapons, alcohol, pornography, drug related goods, stolen goods, uncooked food or homemade food, no stall shall contain more than 50% new goods
7. Stall holders are responsible for removing all waste associated to their pitch from site at the end of the trading period. Any rubbish left on site will be treated as a fly tip and the offender will be sent the appropriate fine
8. All passageways and viewing points within the car boot are reserved for pedestrians and must be kept free of obstruction with particular attention to dropped kerbs for wheelchair access. This includes "A" frames which are not permissible outside the boundary of the stall (excluding official signs)
9. Stallholders shall not block any fire exits of premises adjacent to their stalls.
10. Hampshire County Council Trading Standards have developed a Code of Practice for markets and boots sales. Rushmoor Borough Council supports this and requires stallholders to comply with this Code of Practice at all times.

Safety, nuisance and identification

1. It is the stallholder's responsibility to ensure their pitch is kept clean and tidy during the day and is left clean and tidy at the end of each car boot. Any refuse, litter or spillages must be deposited in the appropriate receptacle or cleaned up. It is the stallholders' responsibility to remove all waste during and at the end of each market day.
2. Generators may be permitted, but they must be of the silent running type. Stallholders must have appropriate fire fighting equipment, which is regularly serviced and maintained. Generators must not be placed in a position where a disturbance may be caused.

Discipline

1. Breaches of rules or regulations will normally be discussed with the stallholder concerned as soon as the car boot manager is aware of any breach. Stallholders will normally be asked to correct any breaches or comply with any rules in the first instance.
2. If a stallholder does not comply with a verbal request, or if a further breach occurs on the same day, then a formal written notice will be issued as soon as possible.
3. Stallholders suspended or removed from the car boot are still liable to the fees due for any period of absence under their agreement.
4. Disciplinary matters will, in the first instance be dealt with by the car boot Manager and if necessary be referred to the appropriate council officer.

Appeal provisions

1. The council will discuss any issue and give reasons for their decision in the first instance.
2. If stallholders are not satisfied with the explanation or decision, they may contact the council who will review any action and respond in writing stating their decision if required.

Car boot management

1. The success of the Rushmoor car boots depends on the joint working of the council officers, council, stallholders and buyers.
2. If issues affect individual traders, then they will be consulted directly.
3. Council officers will act openly, honestly and without favour.