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Grainger Market Byelaws
Byelaws for the regulation of the Grainger 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 Grainger Market.
1. "the Council" means the Council of the City of Newcastle upon Tyne;
"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 Grainger Market and Arcade;
"market hours" means the hours appointed by the Council for the holding of the market;
"market place" means the place situate in and adjoining Grainger Street, Clayton Street, Nelson Street and Nun Street in the City of Newcastle upon Tyne where the market is held including the market entrances;
"market superintendent" means the City Estate and Property Surveyor of the City of Newcastle upon Tyne or his duly authorised representative;
"pitch" means any site, place or space in the market place;
"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 or display of goods;
"vehicle" includes any mechanically propelled vehicle and any cycle, bicycle, cart, barrow, 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 pitch or deposit or cause to be deposited any goods on any pitch in any part of the market place unless and until such pitch has been duly let or otherwise allocated by the market superintendent.
4. Where the Council
(a) designates any part of the market place for the sale of any class of goods and
(b) displays in the market place a public notice to that effect no person shall sell goods except in accordance with that notice.
Regulation of traffic and prevention of obstruction
5. No person shall bring into the market place or immediate approaches thereto, or allow to stand therein, any 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, repair of the market place, provision of water, gas, electricity or other essential services in pursuance of statutory powers or duties.
6. No person shall bring onto a tiled floor in the market place any vehicle with metal rim wheels, or any vehicle which by reason of its unloaded weight is liable to cause damage to the floor.
7. No tenant or occupier of a pitch shall cause or permit any goods or any receptacle for goods to be placed so as to project beyond the pitch which has been duly let or otherwise allocated to him in accordance with Byelaw 3.
8. No person shall bring into or allow to remain in the market place any dog belonging to him or in his control.
Provided that this byelaw shall not apply to a blind person accompanied by a guide dog or to a deaf person accompanied by a dog trained to act as a guide dog, or to a person accompanied by a dog which that person is training to act as a guide dog.
For maintaining cleanliness
9. No person shall cleave any carcass or meat in the market place unless it is on a cleaving board or chopping block or is properly attached to or suspended from hooks provided for the purpose.
10. Every tenant or occupier of a stall shall:-
(a) cause the stall to be properly cleansed before and after market hours, and as often as may be necessary during those hours;
(b) 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 of suitable construction and of adequate dimensions to be provided by such tenant or occupier and approved by the market superintendent and to be kept within the stall;
(c) at the end of trading each day, or more often as deemed necessary by the Council cause the contents of such receptacles to be removed, without creating a nuisance or obstruction, to such place of deposit as shall be chosen for this by the Council and indicated by a public notice to that effect displayed clearly in the market place;
(d) cause all waste or foul water to be properly disposed of or wiped up as appropriate.
11. No person shall wilfully or negligently throw, drop or leave in or upon any avenue, roadway or passage in the market place, or in the immediate approaches to it any fruit or vegetable matter or any other litter.
Provided that this byelaw shall not apply to any place in the open air to which the Litter Act 1983 applies.
Preservation of Order
12. 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.
13. No person shall light an open fire in any part of the market place.
14. No person shall wilfully obstruct, disturb or hinder any person in the use of the market place.
15. No person shall, without the previous written consent of the market superintendent, ring any bell or blow any horn or use any other noisy instrument or loudspeaker to attract the attention or custom of any person to any sale or to any goods intended for sale.
16. 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.
17. 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, handbills, cards, pamphlets, booklets or other literature.
18. Every person who uses any water tap in the market place shall cause the tap to be properly turned off immediately after he has finished using it.
19. 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.
20. Every person who shall offend against any of these byelaws shall on demand give his name and address to the market superintendent, other officer or servant of the Council acting in the proper execution of his duty, or a police constable and shall be liable on summary conviction to a fine not exceeding level 2 on the Standard Scale.
The Common Seal of the Council of the City of Newcastle upon Tyne was hereunto affixed this 15th day of March 1990 in the presence of:
T. Cooney, Lord Mayor
R. S. Stevenson, Assistant Director of Administration
The foregoing byelaws are hereby confirmed by the Secretary of State for the Environment and shall come into force on 1st August 1990.
Signed by the authority of the Secretary of State, P.G. Iredale
A Senior Principle in the Department of the Environment
18th June 1990