What does the law require?
You must have a street trader's licence if you are doing any of the following things in a public place:
(a) hawking, selling or offering or exposing for sale any article;
(b) offering to carry out or carrying out for money or money's worth any service,
to any person in the public place and includes doing any of these things there in or from a vehicle or in or from a kiosk or moveable stall not entered in the valuation roll except where it is done in conjunction with or as part of a retail business being carried on in premises abutting the public place.
A street trader's licence shall not be required for:
(a) the sale of newspapers only;
(b) the sale of milk by or on behalf of a person registered under the Food Safety Act 1990;
(c) the sale of coal, coke or any solid fuel derived from coal or of which coal or coke is a constituent;
(d) any activity in respect of which a certificate under the Pedlars Act 1871 has been granted;
(e) any activity in respect of which a licence is required under this Act apart from this section; or
(f) organising or participating in a public charitable collection which has been permitted under the Civic Government (Scotland) Act.
What do I need to consider?
We shall refuse an application to grant or renew a licence if, in our opinion:
(a) the applicant or any director or partner or any other manager, is either:
(i) disqualified under section 7(6) of the Civic Government (Scotland) Act, or
(ii) not a fit and proper person to be the holder of the licence;
(b) the activity to which it relates would be managed by or carried on for the benefit of a person, other than the applicant, who would be refused the grant or renewal of such a licence if he made the application himself;
(c) where the licence applied for relates to an activity consisting of or including the use of premises or a vehicle or vessel, those premises, vehicle or vessel are not suitable or convenient for the conduct of the activity having regard to:
(i) the location, character or condition of the premises or the character or condition of the vehicle or vessel;
(ii) the nature and extent of the proposed activity;
(iii) the kind of persons likely to be in the premises, vehicle or vessel;
(iv) the possibility of undue public nuisance; or
(v) public order or public safety; or
(d) there is other good reason for refusing the application.
How will you deal with my application?
We may have to publish details of your application.
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.
If your application is deemed non-contentious, we should be able to grant your licence without referring the decision to the Licensing Committee. Applications must remain on our public register for 28 days before a licence can be granted. 'Non-contentious' means any application which has not resulted in any objections, or representations of a serious nature, and where is no conflict with council policy. Contentious applications will be determined by the Licensing Board.
We will attach conditions to any licence we grant or renew and we may take action to ensure that you comply with those conditions.
When will a decision be made?
We aim to make a decision on your application within 90 calendar days of you submitting to us all the documentation we require.. This assumes that your application is not contentious. Your application will take longer to process if it becomes contentious (for example, if we receive objections or representations) and if that is the case we will keep you informed of the revised timescale.
What happens if you don't make a decision within the target time?
If you have still not received a decision after the target time has expired, your authorisation is granted automatically. However that will not apply if your application involves complex issues and we have notified you of an extension to the target time. If we need to do that, we will let you know in good time and we will give reasons.
We must make a decision within six months of receiving an application for a licence. If a decision has not been made after a six month period has expired, your authorisation is granted automatically without condition.
Please note that you must not carry on the activity for which you have applied for a licence unless or until you have been granted a licence.
What can I do if I'm not satisfied?
If you are unhappy with the way we have processed your application please contact us.
How does the Council handle objections and representations?
Find out more about objections and representations