Promoters are people who carry on a business of letting, or otherwise providing space, to stallholders for the purpose of running a market or fair at which any of the stalls are used for the purpose of secondhand dealing (such as antiques or bric-a-brac).
Promoters do not have to be licensed or certified, but they do have to fulfil certain requirements imposed on them by the Secondhand Dealers and Pawnbrokers Act 2004.
As a promoter you must keep a 'promoters record'. This must show, with respect to every market or fair at which you provide space to stallholders:
- the date or dates on, or the period during, which the market or fair operates
- the location of the market or fair.
Your promoters record must also show, in relation to every stallholder who proposes to sell secondhand articles or scrap metal at the market or fair, the stallholder's:
- full name
- date of birth
- contact address and telephone number
You must also record:
- the number of the licence or certificate if the stallholder holds one
- how the promoter verified the identity of the stallholder if the stallholder does not hold a licence or certificate.
Verifying the identity of a stallholder
There are only two acceptable ways of verifying a stallholder's identity for the purposes of a promoters record. Those are by:
- sighting the person's authorised identification
- or personal knowledge.
If, as a promoter, you choose to verify a person's identity from personal knowledge and incorrectly record any of these details in your promoters record you will be deemed to have made a false entry.
Storage of promoters record
You must keep your promoters record for 12 months from the date of the market or fair to which it relates. You must also, when required to do so by a member of Police, make and give a copy of all, or part of, your promoters record to Police.
Offences relating to promoters
If you are a promoter you would commit an offence, which on conviction could incur a fine of up to $10,000, if you:
- failed to record all the details required in your promoters record
- made a false entry on your promoters record
- failed to give Police a copy of your promoters record or any part thereof.