Application
The Council is responsible for the processing of all licence applications including Street Trading (hawking, selling or exposing for sale any article or offering to carry out a service (fee/money's worth) in a public place from a vehicle or kiosk/moveable stall.
Licence summary
To operate as a street trader you require a licence from the Council. You must notify the licensing authority of any material change in your circumstances.
Eligibility criteria
- You must not be disqualifies from holding a licence and you must be fit to be the holder of the licence
- The vehicle you use in order to carry out the work must also be suitable for that purpose
- You must not have applied for the same licence within the last year, unless there has been a material change in your circumstances since your last application
A street trading licence is not required for
- the sale of newspapers only
- the sale of milk by or on behalf of a person registered under the Food Safety Act 1990
- the sale of coal or fuel derived from coal or coke
- any activity for which a certificate under the Pedlar's Act 1871 has been granted
- any activity for which a more specific licence is required
- organising or participating in a public charitable collection, which has been granted permission under subsection (16) of section 119 of the Civic Government (Scotland) Act 1982
Summary of regulation
A summary of the regulation relating to this licence is available to view or download.
Fees
- £400 for a Static Street Trader Licence (3 years), ie one which is sited on a permanent location - this fee includes advertising costs
- £350 for a Mobile Street Trader Licence (3 years) which does not need advertising.
Applications must
- be in writing (including by electronic means)
- be signed by the applicant (including by electronic means)
- contain the applicant's name and address, and those of any employee who will manage the activity on a day-to-day basis, and the area in which the activity is to be carried out
- a Static Street Trader is required to display a site notice for a 21 day period and thereafter must supply the licensing authority with a certificate confirming that he had complied with the requirement.
The Council will then:
- send a copy of the application to the Chief Constable and relevant consultees
- place a Notice in at least one local or national newspaper which states the premises and applicant details contained in the application, that any objections or representations may be made to the local authority, and how such representations should be made
- keep a register of applications in which they will enter the details of the receipt of the application, their final decision and reasons for the decision, the details of the terms of each licence granted and a note of any suspension, variation of the terms, or surrender, of a licence
The register must be available for inspection by any member of the public at reasonable times and places and any member of the public must be permitted to make a copy of it. Where the Council fails to make a decision within six months of the application, the licence is held to be granted or renewed for a default period of one year.
If your application is made in respect of an activity which includes the sale of food, and involves the use of a vehicle, kiosk or moveable stall, you must produce a certificate by the food authority, stating that the premises comply with the requirements of any relevant regulations under section 16 of the Food Safety Act 1990.
Will tacit consent apply?
Yes. This means that you will be able to act as though your application is granted if you have not heard from the Council by the end of the 130 day period permitted for final determination of the application.
Apply for a street trader licence
There are two ways of applying:
- Application for a Street Trader Licence - apply online
- download an application form to be completed and submitted to the address shown.
Failed application redress
Please contact the Council in the first instance.
Within 28 days of the date of the decision to refuse their application, the applicant may require the licence authority to give the reasons for their decision. The applicant may appeal to the sheriff against the decision, within 28 days of the decision, as long as they have already followed any available procedure in terms of stating their case to the Council.
The appeal will only be successful if the sheriff considers that the Council, in making their decision, had:
- erred in law
- based their decision on an incorrect material fact
- acted contrary to natural justice
- exercised their discretion in an unreasonable manner
The applicant may then appeal on a point of law from the Sheriff's decision to the Court of Session within 28 days from the date of the Sheriff’s decision
Licence holder redress
If the Council decides to suspend a licence, not to renew a licence, or not to consent to material changes to the premises or vehicle used in the course of a licence holder's work, the licence holder may appeal against the decision within 28 days of being notified, as long as they have already followed any available procedure in terms of stating their case to the local authority.
Other redress
Objections or representations relating to a licence application may be made in writing to the local authority, within 21 days of notice of the licence application being given, stating:
- the grounds of the objection or nature of the representation
- the name and address of the person making the representation
A Chief Constable, or anyone who has made a relevant objection or representation regarding the licence, may appeal against a decision within 28 days of being notified, as long as they have already followed any available procedure in terms of stating their case to the Council.