SOUTH-EAST DISTRICT COUNCIL (MARKETS) BYE-LAWS
(section 44 as read with section 45)
(5th November, 2021)
ARRANGEMENT OF BYE-LAWS
BYE-LAW
1. Citation
2. Interpretation
3. Establishment and control of markets
4. Permit to operate stall in market
5. Subletting of stalls prohibited
6. Conditions of stalls at the end of hire
7. Cleanliness of stalls
8. Order in market
9. Prohibition of animals
10. Business days and hours
11. Inspection of scales, weights and measures in markets
12. Removal of merchandise from markets
13. Penalties
S.I. 93, 2021.
These Bye-laws may be cited as the South-East District Council (Markets) Bye-laws.
In these Bye-laws, unless the context otherwise requires
“Council” means the South-East District Council;
“health inspector” means a health inspector employed by the Government or by the Council;
“licensing officer” means a licensing officer appointed by the Council for the purpose of these Bye-laws;
“market” means a market established by the Council;
“market master” means a person appointed by the Council to be a market master for the purpose of these Bye-laws;
“stall” includes any building, stand, shelter, table, place or plot within a market set aside for the sale of merchandise or for the provision of a service to the public; and
“stall holder” means a person by whom a stall is hired under these Bye-laws.
3. Establishment and control of markets
(1) The Council may establish and designate areas within the jurisdiction of the Council as markets.
(2) Every market shall be under the control and supervision of a market master appointed by the Council.
4. Permit to operate stall in market
(1) A person wishing to operate a stall shall make a written application to the Council for a permit in Form A set out in Schedule 1.
(2) The Council may grant any application made to it under sub-bye-law (1) unless
(a) every stall of the type for which application is made is already hired;
(b) the applicant is under 18 years of age; or
(c) the granting of the application would not be in the public interest, in which case the Council shall reject the application.
(3) A person whose application has been rejected under sub-bye-law (2) may appeal in writing against that decision to the Minister.
(4) Where an application under sub-bye-law (1) is granted, the licensing officer shall issue a permit in Form B set out in Schedule 1.
(5) A permit issued under sub-bye-law (4) shall specify the
(a) full name, place of abode and postal address, if any, of the person to whom the permit is issued;
(b) nature of the merchandise to be sold or the service to be provided;
(c) period within which the permit shall be in force;
(d) number of the stall to be hired; and
(e) rent to be paid for the stall.
(6) The rent to be paid for a stall hired shall be as specified in Schedule 2.
(7) A market master shall at all time exhibit at his or her office, in a conspicuous place where the public may read the same, a copy of Schedule 2.
(8) A stall holder shall pay daily, weekly or monthly rent in advance at the office of the market master, for the hire of a stall under these Bye-laws.
(9) Any person who uses a stall without a permit issued under these Bye-laws, or for a purpose not authorised by the permit, or before the rent has been paid for the hire of the stall, commits an offence.
5. Subletting of stalls prohibited
(1) A stall holder shall not sublet the stall hired to him or her under these Bye-laws.
(2) The Council may cancel the permit of any stall holder who contravenes sub-bye-law (1), in which case any rent paid for the hire of the stall shall be forfeited to the Council.
6. Conditions of stalls at the end of hire
(1) At the expiration or on the cancellation of a permit issued under bye-law 4, the stall holder shall
(a) leave the stall in a clean and tidy condition;
(b) remove from the stall all property that does not belong to the Council;
(c) replace in its original position all furniture and other fittings belonging to the Council removed or displaced by any person other than the Council during the period the permit was in force; and
(d) make good all damage to the stall, its fixtures, furniture, fittings, and fences caused during the period the permit was in force.
(2) The duties imposed by sub-bye-laws (1)(a), (b) and (c) shall be carried out before the market closes on the day the permit expires or is cancelled.
(3) If the permit expires or is cancelled on a day on which the market is closed for business, the duties under this bye-law shall be carried out before the market closes on the first day it opens for business.
(4) Any person who contravenes sub-bye-laws (1) and (2) commits an offence.
(1) A stall holder shall take all reasonable steps to ensure that the stall let to him or her, and all utensils, machinery and equipment used therein, and all merchandise sold or displayed for sale therein, are maintained, in a clean and hygienic condition, and that all persons engaged in the business of the stall are, while so engaged, in a proper state of cleanliness.
(2) Any stall holder who contravenes the provisions of sub-bye-law (1) commits an offence.
(3) Without prejudice to sub-bye-law (2), the Council may cancel the permit of any stall holder who contravenes the provisions of this bye-law in which case any rent paid for the hire of the stall shall be forfeited to the Council.
(4) Any person whose permit has been cancelled or who has paid rent which has been forfeited to the Council under sub-bye-law (3) may appeal in writing against the cancellation or forfeiture or both, within 14 days of being so informed, to the Minister.
(5) Where the Minister allows an appeal made to him or her under sub-bye-law (4), the cancellation or forfeiture or both, as the Minister may direct, shall be void.
(1) Any person who begs, gambles, loiters, screams, shouts, sings in a loud or unseemly manner, creates a disturbance, or conducts himself or herself in an offensive or objectionable manner, within a market, commits an offence.
(2) Notwithstanding the provisions of sub-bye-law (1), the market master may require any person who so behaves in his or her presence, or whom the market master has reasonable grounds to believe has recently so behaved to leave the market immediately.
(3) The market master may refuse entry to a market to any person whom he or she suspects on reasonable grounds to be under the influence of an alcoholic drink or drugs, or to any person who in the presence of the market master does, or in the immediate vicinity of the market, any act under sub-bye-law (1).
(4) Any person who, on being required to leave a market under sub-bye-law (2), refuses to do so or who, having left a market on being required to do so under that sub-bye-law, or having been refused entry to a market under sub-bye-law (3), enters or attempts to enter the market without the permission of the market master commits an offence.
Any person who causes or permits any animal to enter, or remain within a market, commits an offence:
Provided that the provisions of this bye-law shall not apply to poultry intended for sale by a stall holder within his or her stall.
(1) Every market may be opened for business on any day, and shall be opened and closed at such times between 06:00 a.m. and 18:30 p.m. as the Council may determine.
(2) A market master shall exhibit, in a conspicuous place within and outside the market, where the public may read the same, a notice clearly stating the times at which the market shall be opened and closed.
(3) Any person who, without the permission of the market master enters or remains within a market when it is closed for business commits an offence.
11. Inspection of scales, weights and measures in markets
(1) The market master shall, from time to time inspect every scale, weight or measure used in a market and shall require the immediate removal from the market of any such scale, weight or measure which he or she has reasonable grounds to believe is faulty.
(2) Any stall holder who refuses to comply with a requirement under sub-bye-law (1), or who, having removed a scale, weight or measure from the market on being required to do so, brings or attempts to bring the scale, weight or measure back into the market without the permission of the market master, commits an offence.
12. Removal of merchandise from markets
(1) The market master or a health inspector may require a stall holder to immediately remove from the market any of his or her merchandise which in the opinion of the market master or health inspector is noxious, putrefactive or unfit for human consumption.
(2) Any stall holder who refuses to comply with a request by the market master or a health inspector in accordance with sub-bye-law (1), or who, having removed merchandise from the market in accordance with such a request, brings or attempts to bring the same merchandise back into the market without the permission of the market master, commits an offence.
Any person who contravenes any of the provisions of these Bye-laws commits an offence and is liable
(a) on first conviction, to a fine of P50.00 or to imprisonment for a term not exceeding one month, or to both; and
(b) for a second or subsequent conviction, to a fine not exceeding P100.00, or to imprisonment for a term not exceeding two months, or to both.
FORM A
APPLICATION FOR PERMIT TO OPERATE STALL
(bye-law 4(1))
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SOUTH-EAST DISTRICT COUNCIL (MARKETS) BYE-LAWS |
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(Attach two copies of a passport size photograph) |
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Full name of applicant ………………………………………………………………………………………………….. |
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(Surname first) IN BLOCK LETTERS |
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Place of abode and postal address (if any) ………………………………………………………………………. |
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………………………………………………………………………………………………………………………………. |
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………………………………………………………………………………………………………………………………. |
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Type of stall applied for ………………………………………………………………………………………………… |
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………………………………………………………………………………………………………………………………. |
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Period for which you wish to hire stall: |
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for ……………………………………………………………………………………………… (days/weeks/months) |
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Give particulars of the merchandise or service you intend to sell or provide at your stall |
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………………………………………………………………………………………………………………………………. |
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………………………………………………………………………………………………………………………………. |
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Give the number of any other stall you have in the market |
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………………………………………………………………………………………………………………………………. |
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………………………………………………………………………………………………………………………………. |
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……………………………………………………. ……………………………………………………….. |
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FOR OFFICIAL USE ONLY |
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Date on which application was received by licensing officer …………………………………………………. |
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Proposed date of hearing of application …………………………………………………………………………… |
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Date of approval/rejection of application …………………………………………………………………………… |
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…………………………………. |
FORM B
PERMIT TO OPERATE STALL
(bye-law 4(4))
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SOUTH-EAST DISTRICT COUNCIL (MARKETS) BYE-LAWS |
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NOT TRANSFERABLE |
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Issued to ………………………………………………………………………………………………………………….. |
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whose place of abode and postal address (if any) are: |
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……………………………………………………………………………………………………………………………….. |
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to trade in or to provide the following service(s) or merchandise: |
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……………………………………………………………………………………………………………………………….. |
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……………………………………………………………………………………………………………………………….. |
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……………………………………………………………………………………………………………………………….. |
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……………………………………………………………………………………………………………………………….. |
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at stall No. …………………………………………… at ……………………………………………………… market |
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from ………………………………………………………. to ………………………………… both dates inclusive |
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at the inclusive rental of P…………………………………………………………………… per day/week/month |
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……………………………………………………. ……………………………………………………….. |
(bye-law 4(6) and (7))
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Type of Stall |
Rent |
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monthly |
annually |
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1. Brigade shop |
P100 |
P400 |
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2. Lock-up stall |
P50 |
P 200 |
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3. Every other stall |
P25 |
P100 |