Stallholder trade

Since 1^st October 2006, specific laws and regulations apply to stallholder trade and fun fairs.

Why specific laws and regulations?

Due to changes in leisure activities and the development of amusement parks, fun fair clients have changed their expectations.

In order to meet these expectations, fun fair operators have had to invest in increasingly sophisticated (and thus costly) rides. In the meantime, regulations had not changed. Operators were confronted by commune regulations and fun fair access rules which were different from one commune to another and did not have any guarantees in regards to receiving, keeping and transferring licences for fun fair sites.

These new laws and regulations address this situation.

How does new legislation impact fun fair operators?

• It gives them a status with reserved access to fun fairs;
• It sets common rules for all commune regulations as well as minimal rights for fair operators. These rights give certain guarantees in regards to obtaining, keeping and transferring fun fair site licences and therefore increased professional security and the ability to draw up career plans;
• It provides stability to fair operators while keeping flexible management rights for communes, allowing them to encourage renewed interest in fairs;
• It reinforces consumer security through increased control of fair attractions.

How to receive the status of fair operator

• Request authorisation for fair activities, which allows holders to operate fair attractions or to sell food at a fair;
• Operators of stands which sell food without table service (including chip wagons) require an itinerant trade card. These types of operators are also authorised to operate outside of fairs on any site authorised by itinerant trade legislation.

Who requires authorisation for fair activities or stallholder trading of food?

• Fun fair operators and stallholder food traders, whether with or without table service, who carry out their activities as natural persons as well as those persons responsible for the daily management of companies which engage in these activities must have employer authorisation for fair activities;
• Persons responsible for a fair attraction or a stallholder food establishment with table service other than holders of employer authorisation must receive managing agent authorisation or Agent A authorisation which allows for engaging in stallholder trading of food. These authorisations are issued in the name of the company and are interchangeable between agents;
• Other agents who carry out activities under the surveillance of an employment authorisation cardholder or a managing agent are exempt from this obligation; this exemption for stallholder food traders is only valid during fun fairs; otherwise, they are subject to regulations on "itinerant trade" and all agents must be covered by Agent A authorisation.

Where can I request authorisations for fair activities and stallholder food trading activities?

At an accredited entreprise counter.

What conditions must be met before receiving authorisation for fair activities?

• Be a citizen of a European Economic Area country (EU plus Iceland, Norway and Liechtenstein) or be exempted from the professional card requirement; carrying out activity under the authorisation of a managing agent card is authorised for non-European Economic Area citizens who hold a professional card or a work permit according to whether they have self-employed or employed status;
• For employer authorisation, applicants must meet management knowledge requirements and, if need be, restaurant knowledge requirements;
• For operators of moving fun fair rides, applicants must have proof of risk analysis for their ride.

How much does stallholder trade authorisation cost?

• For an employer: €150
• For an agent: €100

What conditions must be met in order to receive a stall site and be able to operate a ride?

• Request a stall site from a commune;
• Show proof of fire insurance and civil liability insurance;
• For moving rides, in addition to the risk analysis, show proof of periodical inspections, maintenance and post-installation inspection reports;
• For stallholders who sell food, possess all required sanitary licences.

What changes have been made to fairs?

• Sites and their specialised use are now noted on a map which is available to any interested party; this map distinguishes between sites with long-term subscribers and sites for those who are authorised to operate for the duration of the fair;
• In general, operators subscribe to a certain site location; renting a site for the duration of the fair is the exception and is meant to encourage fair renewal;
• Subscriptions are obtained after three consecutive years of occupation of a site located within the subscriber zone;
• Subscriptions are valid for five years and are tacitly renewable;
• Locations are attributed after vacancy notices are filed and applications are compared;
• The comparison criteria are: type of attraction, technical specifications, attractiveness, experience, skill and serious interest of the candidate;
• The price of locations is set in advance.

What changes for stallholders?

• They may suspend their subscription in case of temporary physical disability, force majeure or overlapping of fair dates;
• They may relinquish their subscription in case of definite physical disability or force majeure;
• They may also relinquish their subscriptions with their attraction or company if they sell or transfer their business activities.