Cairns Markets Terms and Conditions

1. All stallholders must comply with any local, Queensland and Federal Government directives and advice in relation to COVID-19. These are subject to change without notice.

2. All stallholders must comply with Cairns Regional Council’s – General Terms and Conditions of use for Venue Hire .

3. All goods and services for sale must comply with the product criteria set out in the Markets General Policy:

• The Cairns Regional Council markets are intended to support and encourage cottage industries and locally produced items.
• It is preferred that items for sale demonstrate originality and that skill or craft has been used in the creation of these items.
• The sale of food and non-alcoholic drinks is permitted where such items comply with the Food Act 2006 (QLD) and the Australian New Zealand Food Standards Code.
• Ideally, food vendors are registered with Council's Register of Prequalified Suppliers (ROPS) 2784.
• The sale of plants is permitted.
• The sale of second-hand goods, collectables and Bric-a-Brac may be included subject to Council approval

4. Stallholders must maintain Public Liability Insurance for the term of the markets to the value of $20,000,000 noting Cairns Regional Council as an interested party.

5. Stallholders granted permission to utilise a stallholder site shall not assign the right of use to any other person, organisation or body.

6. Stallholders are responsible for the security of their designated site. Cairns Regional Council accepts no liability for damage, misplacement, theft, or loss of any item (equipment, stock, promotional materials etc) contained within the stall.  Security of all items is the stallholder’s responsibility.

7. Stallholders under the age of 18 years must be accompanied by an adult.

8. Stallholders must comply with Cairns Regional Council standards as follows:

• Stallholders must supply their own marquee and equipment. All stall related equipment and signage must be contained within the boundary of the allocated site.
• Stallholder vehicles, trailers or marquees must not exceed their allocated site size.
• The use of awnings on any marquee is strictly prohibited unless for the purpose of protecting against rain entering the marquee. No products are to be hung or displayed in or under this area. The use of awnings must not encroach on other stallholders’ space and must first be approved by Cairns Regional Council in writing.
• Pegging infrastructure into the ground is strictly prohibited unless written permission has been obtained from Cairns Regional Council and an irrigation mark-up has been completed.
• All electrical equipment leads and appliances must display a current electrical certified test and tag sticker.
• Stallholders must follow the Cairns Regional Council’s Cairns Markets Sustainability Standards and strongly discourage the use of single-use plastics.
• Stallholders are not permitted to tout and must comply with Cairns Regional Councils noise restrictions.
• Stallholder sites must be returned in the same condition that they were hired.
• Stallholders must remove all rubbish from their site after each market. Failure to remove rubbish may incur a cleaning fee.

9. Stallholders must adhere to site specific traffic and parking instructions issued by Cairns Regional Council when setting up and packing down market stalls, including the following:

• Driving and parking is strictly prohibited on all grassed, and other designated non-parking areas as signed, unless written permission has been obtained from Cairns Regional Council.
• Stallholders will be advised of loading zones and other areas that can be used for setting up and packing down market stalls.
• Non-motorised methods of transport such as manually pushed trailers or trolleys are permitted on to the market area for set-up and pack-down times only.

10. Stallholders may arrive no earlier than advised by Cairns Regional Council.

11. Stallholders must be ready to trade by the agreed market start time. Stallholders arriving after the commencement of the market may be refused entry and forgo any stall fees paid for that market.

12. Stallholders are required to operate for the duration of the market day. Stallholders must not commence pack up until Council advises to do so. In extenuating circumstances stallholders may receive permission from Cairns Regional Council to pack up early.

13. Stallholders must have sites vacated within two hours of the allocated finish time or upon direction by Council.

14. Cairns Regional Council promotes respect, safety and tolerance for all. Stallholders are expected to be courteous to the public, market organisers and other stallholders at all times. Expulsion from the markets will result if the stallholder has behaved or is behaving in a manner likely to cause distress, disturbance, inconvenience, damage or harm to any other person present at the market.

15. Stallholders may not be accompanied by their animal/s without written consent. Most markets are held in areas covered by the Prohibition of Animals in Public Places under Cairns Regional Councils’ Local Laws.

16. Cairns Regional Council reserves the right to photograph and/or video market stalls and stallholders unless specifically asked not to do so.

17. Whilst every endeavour is made to accommodate stallholder requests, Cairns Regional Council reserves the right to rotate market stall sites and locations.

18. If the stallholder is in breach of the terms of this approval, Cairns Regional Council has the right to withdraw approval at any time, without prior notice.

Payment and Cancellation policy

19. Stallholder fees are payable upon formal acceptance of an application and are due by the nominated deadline.

20. The annual stallholder fee, which is payable prior to the first market for the year, is non-refundable. Annual stallholders have an obligation to advise Council if they are unable to attend a market no later than 14 days prior to the market.

21. Annual stallholders who cancel without the appropriate notice, for more than three consecutive market dates, may forfeit their nominal site location.

22. Casual stallholders are required to advise Council of a cancellation no later than 14 days prior to the market.

23. Casual stallholders who cancel more than 14 days prior to a market will be refunded any fees paid for that market. Cancellations made within 14 days of a market are non-refundable.

24. Cairns Regional Council reserves the right to cancel market days. In this circumstance, Cairns Regional Council will advise all stallholders as soon as practicable and ensure stall fees previously paid for this date will be refunded.

25. Refunds may be available to a stallholder who is unable to attend a market due to the impacts of COVID 19.  For a refund to be considered evidence may be requested from the stallholder.