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Byelaws - Quayside Sunday Market
Byelaws for the regulation of the Quayside Sunday Market made by the Council of the City of Newcastle upon Tyne in exercise of their powers under Section 60 of the Food Act 1984 with respect to the market known as the Quayside Sunday Market.
1. “the Council” means the Council of the City of Newcastle upon Tyne;
"the Association" means the Newcastle upon Tyne Quayside Traders’ Association Limited or any successor thereto representative of the market traders;
"goods" includes provisions, commodities and articles brought into the market place for the purpose of sale or display;
"market" means the market maintained by the Council and known as the Quayside Sunday Market and which is subject to Section 59 of and Schedule 3 to the Tyne and Wear Act 1976
"market place" means the place situate on and around the Quayside in the City of Newcastle upon Tyne where the market is held more particularly delineated on plan NEG No. 5030 (NJW) which is kept by the market superintendent in his offices at the Civic Centre, Newcastle upon Tyne;
"market hours" means the hours appointed by the Council in consultation with the Association for the holding of the market;
"market superintendent" means the City Estate and Property Surveyor of the City of Newcastle upon Tyne or his duly authorised representative;
"sell" or "sale" includes exposing and exposure for sale;
"stall" includes any stand, marquee, tent, mobile, canteen, vehicle (whether movable or not), vending machine, building, shop, office, compartment, standing, bench, or table, used or intended to be used for the sale of goods;
"pitch" means any site, place or space in the market place;
"vehicle" includes any mechanically propelled vehicle and any cycle, bicycle, cart, wagon or trailer (other than an invalid chair, perambulator or pushchair).
Authority to Use Space
2. No person shall erect or fix or attempt to erect or fix any stall in the market place without the previous written consent of the market superintendent.
3. No person shall occupy or take possession of any stall or pitch or deposit or cause to be deposited any goods on any stall or pitch in any part of the market place unless and until such stall or pitch has been duly allocated by the market superintendent for the use of such person.
Regulation of Traffic and Prevention of Obstruction
4. No person shall allow any stall or goods to remain in the market place more than four hours after market hours.
5. No person shall bring into the market place or the immediate approaches thereto, or allow to stand therein, any stall, vehicle, goods, or receptacle for goods in such manner as to cause obstruction.
Provided that this shall not apply to any vehicle being used for fire brigade, ambulance, police, cleansing, refuse disposal, repair of the Quayside, and provision of water, gas, electricity or other essential services in pursuance of statutory powers or duties.
6. No person shall obstruct the paths in the market place, and in particular no person shall erect a canopy which protrudes more than three feet over the said paths or which shall be less than six feet clear of the ground, nor shall erect a canopy which is not self supporting.
7. No person having control of a stall or pitch shall cause or permit any goods or any receptacle for goods to be placed in or on any stall or pitch so as to project beyond the limits of such stall or pitch.
8. No person shall bring into or allow to remain in the market place any dog belonging to him or in his charge unless it is attached to a lead and kept at all times under his control or is otherwise kept secured and under his control.
For Maintaining Cleanliness
9. Every person having control of a stall shall cause all refuse from the stall, and all refuse arising from the loading or unloading of goods required in connection with the stall, to be placed in a receptacle approved by the market superintendent and of suitable construction and adequate dimensions, such receptacle to be provided by such person having control of a stall and to be located in the stall.
Provided that no person shall be liable to conviction under this byelaw until he has been given one clear warning in writing by the market superintendent or other representative of the Council.
Preservation of Order
10. No person shall wilfully or improperly soil or defile any part of the market place or any of the fittings or apparatus for use in the market place.
11. No person shall light an open fire in any part of the market place.
12. No person shall to the annoyance of any person ring any bell or blow any horn or use any other noisy instrument or amplifier or loudspeaker to attract the attention or custom of any person to any sale or to any goods intended for sale.
13. No person, other than an officer or servant of the Council acting in the proper execution of his duty, shall post or display any bill, placard or poster, other than a description of goods or the nameplate of a trader, in or on any part of the market place.
Provided that this byelaw shall not apply to any bill, placard or poster being posted or displayed pursuant to Regulation 13(i) of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966.
14. Unless the written consent of the market superintendent be first obtained no person in the market place shall, except by way of sale, distribute or attempt to distribute to the public in the market place any leaflet, handbill, card, pamphlet, booklet or other literature.
15. No person shall, to the danger of any person, keep, store, or sell any gunpowder, fireworks or other explosive substance or any naphtha, bottled gas, petroleum or paraffin oil or other flammable substance in the market place.
16. Every person who shall offend against any of these byelaws shall on demand give his name and address to the market superintendent or a police constable and shall be liable on summary conviction to a fine on level 2 on the standard scale.
The Common Seal of the Council of the City of Newcastle upon Tyne was hereunto affixed this 31st day of January 1991 in the presence of:
C. Stephenson, Lord Mayor
R. A. Stevenson, Assistant Director of Administration
DET 1824 The foregoing byelaws are hereby confirmed by the Secretary of State for the Environment and shall come into force on 1st July 1991.
Signed by the authority of the Secretary of State, P.G. Iredale.
A Senior Principal in the Department of the Environment
23 May, 1991