Cambridge market traders fear gagging clause

Stallholders fear they could be gagged or lose their pitches if they try to speak out about problems at Cambridge market after a set of regulations for traders was circulated by the city council.

The list of regulations states that trading licences can be suspended or withdrawn if stallholders do anything that the head of environmental services at the council deems to “bring the market into disrepute”.

When asked, the council declined to say what actions could constitute bringing the market into disrepute but insisted that the rule was not new and that no traders had ever been suspended or lost their licence as a result of the clause.

The regulations say that in cases of serious misconduct a trader’s licence may be suspended “pending the hearing and the determination of any appeal.”

They add: “The council may, in appropriate circumstances, proceed by way of a written warning, suspension or termination even for the first breach.”

Among several examples of conduct that may justify termination of a trader’s licence is if “in the reasonable opinion of the head of environment services, the trader brings the market into disrepute.”

One trader, who wished to remain anonymous due to concerns about the clause, said: “The problem is that the rule is so vague. What do they mean by bringing the market into disrepute? Can we speak publicly if we don’t like the way the market is being run or we’re worried about the market regeneration project and what will happen to it in the future?

“Do we live in China? Or do we live in a Western democracy? As soon as anybody is gagged like this, it takes away a fundamental right to freedom of speech.

“This is top down, heavy and oppressive. It seems they can do whatever they want and the poor licensee hasn’t got a leg to stand on.”

Another trader said they felt unable to speak publicly about health and safety problems witnessed on the market. They explained: “There is a trip switch that regularly switches electricity off on the market when it gets overloaded.

“It will trip 10 to 20 times an hour. You will go and have a look to see if anyone is dead – no, there isn’t anyone dead – then carry on with your work. Eventually someone will get fed up and jam the switch with a piece of wood.

“The situation has been known for a long time, but can I raise this?

“Let’s make it easy for people to report health and safety issues. That’s a positive way of dealing with it. Let’s make it easy for people to say if there’s a problem. Instead, they don’t do that. It’s like, ‘you will not tell anybody there’s a problem’. It’s completely negative control.”

Cllr Sam Davies (Independent, Queen Ediths) was concerned the clause was not reasonable.

She said: “There is an extensive list of entirely legitimate and understandable reasons why a trader might have their licence terminated such as dishonesty or assault or harassment or verbal abuse.

“I’m struggling to see how this much more vague clause would be applied. What behaviour wouldn’t be captured by one of the other clauses? And clearly it has caused an unfortunate degree of concern and trepidation amongst the traders. I don’t understand what the market is in this context. Is it the trading operation or is it the management, because it would seem unreasonable to restrict traders’ ability to make fair comment on the management of the market?”

Cllr Rosy Moore, the city council’s executive councillor for environment, climate change and biodiversity, said: “I’m sorry to hear that some traders have been worried by the recent communication, but would like to reassure traders that the clause has not been changed since 2011.

“We held a consultation with traders in 2018 when the market regulations were renewed, but the clause was unaffected.

“What’s more, since the clause was introduced in 2011, we haven’t invoked it – so we don’t have historical cases to offer by way of example.

“We are firmly committed to openness, transparency, trust and respect in our communications with traders, and encourage traders to engage with us over any issues or concerns they may have regarding the market.”

She added that the council was investing £60,000 to upgrade the electrical system on the market. And she said traders had been asked not to overload sockets and “refrain from any inappropriate habits that may cause unnecessary surges”.