Agenda item

(A report by Phil Perry, Assistant Director – Leisure and Culture)

The Markets Manager presented a report which provided an updated on the Markets & Severe Weather Policies, in line with the review and development of the Markets Service. He advised that he was new to the role, as having started in October 2024.

Following the implementation of the Boston Markets Development Plan, agreed by Cabinet on 27^th March 2024, the Markets Service had undergone a full-service review in line with the South and East Lincolnshire Councils Partnership’s (SELCP) Annual Delivery Plan. The review had highlighted the need to evaluate the Market and Severe Weather Policies as a priority, as the service evolved, in order to ensure that the market was operated efficiently, consistently, and safely.

The report detailed the draft revised and new policies for the service.The current Market Policy was attached as Appendix 1, the draft Market Policy was attached as Appendix 2, and the draft Severe Weather Policy was attached as Appendix 3 within the report.

The Markets Manager indicated that the market policies were reviewed annually in order to update fees/charges and minor changes to wording but, following the review of the service, it was determined that a wider review of the policy was also required. The review had been undertaken with extensive research and drew on best practice. It also gave consideration to the increased number of traders in which English was not necessarily their first language, and therefore aimed to make the policy terms clearer, using uncomplicated wording and less jargon, where possible.

The following principal changes to the draft Market policy were highlighted:

·         A new requirement for new traders to provide risk assessments if using their own stalls and equipment.

·         New incentives had been added to the casual traders and traders that had not traded at Boston for over 12 months.

·         Charity stores would be allowed a stand for free once a quarter instead of once a year.

·         A debt repayment warning would be added to the policy to remind traders of timely invoice payments, with late payments strictly monitored and with disciplinary procedures for those who breached the policy.

·         Holiday entitlement would increase by one day and had been made clearer with inclement weather day entitlement doubled.

·         Changes had been made to disciplinary procedures and the conduct section.

·         Information on selling second hand goods had been added to the policy.

·         Erection and dismantling times for the new gazebos would be added, with trading hours reduced by 30 minutes. A strict compliance to not pack away until 30 minutes prior to the core trading hours had ended would be introduced in response to feedback from the traders due to customer behaviour having changed over the years, with most customers attending the market earlier.

·         Emergency procedures had now been added to the policy along with a health and safety inspection form for the market officer, dismantling instructions for Council staff had been added and trader application forms would be removed from the main body of the policy to make it clearer.

·         The severe weather policy would be removed from the main body of the policy and would become its own document, as advised by the health and safety manager.

The following principal changes to the draft Severe Weather Policy were highlighted:

·         Setting out how the markets team would determine when and how a decision to restrict or close the market was taken.

·         Acknowledging the disruption, financial and logistical impacts for all concerned, a decision-making matrix would be shown within the policy for traders to view.

·         A new, more formalised severe weather policy had been drafted in collaboration with the health and safety manager.

·         The policy would set out clear conditions for traders using equipment during a restricted market.

·         The policy would provide a stated time and date when decisions for the market would be made.

·         Only the Met Office weather app would be used to ensure a fair and consistent approach to decision making.

·         It maintained the principle that the key priority was to protect the safety of the public, traders and staff as well as the reputation of the Council in the event of severe weather.

Members comments included the following:

In relation to the extent of the feedback sought from traders, the Markets Manager indicated that he had visited the market himself, liaised with the market officer and had spoken with all the traders directly regarding their concerns, which were focussed mainly on the severe weather policy.

Clarification was sought regarding the advance notice given to traders in the event of operating the Severe Weather Policy, including the accuracy of weather warnings. It was confirmed that a decision would be made by 2pm the day before the market and an explanation was provided to the Committee. The issue of whether there was a contingency if the forecast was incorrect was considered. At present, there was no contingency if the weather forecast changed after 2pm on the day before a market as stalls were set out the day before. However, that would change when the new gazebos were introduced, as set up would be between 6am and 8am on the morning of the market. Additionally, in the new policy, at the present time for traders that used their own equipment, stalls or gazebos, if the weather did change overnight, it would be reassessed at 7am on the morning of the market for those traders. The Markets Manager indicated that this was a disadvantage to those that used the Council stalls. However, he added that traders who brought their own equipment should not be penalised.

Information was provided regarding the difference between the current stalls and the new blue and white gazebos which were to be introduced. Steel framed stalls were used at present, with a sheet on top. The stalls were coming to the end of their life, which explained the introduction of the gazebos, that were now in the Council’s possession. Erection of the gazebos would be carried out by two people, and public feedback on the appearance of the gazebos had been positive. There had been some negative feedback from the current traders and as a result the new gazebo stand which had been erected recently for the traders to see. Other traders were prepared to trial them to consider the logistics of their stall layout and a plan was in place to mitigate any concerns.

The current stalls measured 10 feet, and the gazebos measured 3 x 3 metres, so they would have the same footprint but there would be discretion to extend the site depending on safety issues. There would also be a change whereby hanging items from the gazebos would not be permitted, which was being considered with traders in advance of implementation.

Health and safety issues were considered, including the risk of slips and trips and cables at head height which, in response to questioning, the Markets Manager indicated would be investigated.

It was clarified that charities with a stall must also have public liability insurance; and that car boot sales were not within the remit of the markets team.

The recommendation was moved by Councillor David Scoot and seconded by Councillor Stuart Evans.

RESOLVED:

1.    That report be noted; and

2.    That feedback be provided to Cabinet on 19^th February 2025 and Full Council on 3^rd March 2025 as part of the Annual Budget report.