12.2 The penalty imposed for any particular incident will depend on the seriousness of the breach and any 13.3 or shall include, unless the context ‘Stalls’ ‘Pitch’ previous penalties imposed. Acts of Gross Misconduct otherwise requires, and wheresoever situated upon the will result in immediate suspension pending further market, any stall, table, stand, equipment, vehicle or investigation. Gross misconduct is a legal term any other device used by a trader shall for the purpose meaning a wrongful, unlawful or improper conduct that of the regulations be considered within this meaning. could lead to immediate dismissal from the workplace because it is serious enough to break statutory UK law 13.4 shall mean goods considered of a similar ‘Clashing’ such as sexual harassment, stealing or serious breach nature by the Market Manager. For this purpose of health and safety regulations causing a risk of injury. referral to the goods classification list will be made. 12.3 If a trader is suspended by the Market Manager the 13.5 shall mean the placing of goods within the ‘Pitch’ facts will be reported to the Town Centre Manager. environs of the market other than on a market stall. 12.4 The trader will be notified in writing of such a report and 13.6 shall mean that by action a person ‘Demonstrating’ may, if he so wishes: includes the functional purposes of the goods displayed and all that this implies. Submit a written defence to the Town Centre Manager; 13.7 shall mean persons bidding against one ‘Auction’ Appear in person (with a to be represented by a another for the purpose of securing goods being sold friend or Solicitor). on the market becoming their property by offering the higher bid. 12.5 Any decision made by the Town Centre Manager will be notified to the trader in writing and the action will be 13.8 trader’ shall mean a person regularly occupies ‘Regular implemented on the first market day after the date of a stall or pitch on the market and is not subject to the the letter which will be clearly stated. allocation of stalls or pitches from the casual list. 13 Definitions 13.9 trader’ shall mean a person whose name ‘Casual appears on the casual list and who must attend the 13.1 Aylesbury Vale District Council. market for the allocation (subject to availability) of a ‘Council’ stall or pitch. 13.2 Market’ means the place designated by the ‘General Council being the place where the market is held.
12.2 The penalty imposed for any particular incident will depend on the seriousness of the breach and any previous penalties imposed. Acts of Gross Misconduct will result in immediate suspension pending further investigation. Gross misconduct is a legal term meaning a wrongful, unlawful or improper conduct that could lead to immediate dismissal from the workplace because it is serious enough to break statutory UK law such as sexual harassment, stealing or serious breach of health and safety regulations causing a risk of injury. 12.3 If a trader is suspended by the Market Manager the facts will be reported to the Town Centre Manager. 12.4 The trader will be notified in writing of such a report and may, if he so wishes: Submit a written defence to the Town Centre Manager; Appear in person (with a to be represented by a friend or Solicitor). 12.5 Any decision made by the Town Centre Manager will be notified to the trader in writing and the action will be implemented on the first market day after the date of the letter which will be clearly stated. 13 Definitions 13.1 ‘Council’ Aylesbury Vale District Council. 13.2 ‘General Market’ means the place designated by the Council being the place where the market is held. 13.3 ‘Stalls’ or ‘Pitch’ shall include, unless the context otherwise requires, and wheresoever situated upon the market, any stall, table, stand, equipment, vehicle or any other device used by a trader shall for the purpose of the regulations be considered within this meaning. 13.4 ‘Clashing’ shall mean goods considered of a similar nature by the Market Manager. For this purpose referral to the goods classification list will be made. 13.5 ‘Pitch’ shall mean the placing of goods within the environs of the market other than on a market stall. 13.6 ‘Demonstrating’ shall mean that by action a person includes the functional purposes of the goods displayed and all that this implies. 13.7 ‘Auction’ shall mean persons bidding against one another for the purpose of securing goods being sold on the market becoming their property by offering the higher bid. 13.8 ‘Regular trader’ shall mean a person regularly occupies a stall or pitch on the market and is not subject to the allocation of stalls or pitches from the casual list. 13.9 ‘Casual trader’ shall mean a person whose name appears on the casual list and who must attend the market for the allocation (subject to availability) of a stall or pitch.