Second hand goods dealers licence

Licence summary
To work as a Second Hand Goods Dealer within Argyll and Bute you require a licence from the local authority.

Please note that this licence runs on a 3 yearly basis, which at present is 1st July 2015 to 30th June 2018. The fee is reduced by a third on 1st July each year.

Make an application

Completing your application

How to apply


Apply Online

Download the application form:

Second hand dealer - application for new licence

Second hand dealer - renewal of licence

Application for amendment to an existing licence

Applications must:

  • contain the applicant's name and address,
  • and those of any employee who will manage the activity on a day-to-day basis,
  • include the area in which the activity is to be carried out
  • include the application fee

Detailed information of what should be submitted can be found in these guidance notes

Regulation Summary         
A summary of the regulation relating to this licence

Schedule of Conditions

Details of the Schedule of Conditions (pdf 70 KB) that relate to this licence.

Fees

£131 - 1 year

Contact details

Telephone: 01546 604128 or licensing@argyll-bute.gov.uk

Argyll and Bute Council
Governance & Law
Licensing Section
Kilmory
Lochgilphead
PA31 8RT

Eligibility criteriaEligibility criteria

“Second Hand Dealer” means the person carrying on a business as a dealer in second hand goods or articles of any description.

In order to make application you must not be disqualified from holding a licence, and you must be fit to be the holder of the licence.

The premises or vehicle you use in order to carry out the work must 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 second-hand dealer's licence is not required for:

  • a pawnbroker
  • a business as a wholesale dealer purchasing exclusively from licensed second-hand dealers
  • a charity entered in the Scottish Charity Register
  • a dealer in second-hand goods or articles with links to another business which is not being a dealer in such goods or articles
  • a business either of financing the acquisition of goods by means of hire-purchase agreements, conditional sale agreements or credit sale agreements or of financing the use of goods by means of hiring agreements.

 

The Application ProcessThe Application process

We will:

  • send a copy of the application to Police Scotland
  • place a notice on the local authority office notice board which states the applicant details contained in the application, that any objections or representations may be made to ourselves, and how they should be made
  • keep a register of applications in which we will enter the receipt of the application, our 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 allowed to make a copy of it.  A fee will be required for this service.

Where we fail to make a decision within six months of the application, the licence is held to be granted or renewed.

AppealsAppeals

 If you have made an application for a licence and it has been refused

You may ask us for the reasons for our decision to refuse your application within 21 days of the decision date.

You may appeal to the sheriff against the decision, within 28 days of the decision, as long as you have already followed any available procedure to state your case to ourselves.

The appeal will only be successful if the sheriff considers that we, in making our decision, had:

  • erred in law
  • based our decision on an incorrect material fact
  • acted contrary to natural justice
  • exercised our discretion in an unreasonable manner

You 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.

Appeals - Licence Holders

Appeals against the refusal of an application must be made to the Sheriff Principal of North Strathclyde, Paisley Sheriff Court, St James Street, Paisley, PA3 2AW.

You may appeal if we decide 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. You may appeal against the decision within 28 days of being notified, as long as you have already followed any available procedure to state your case to ourselves.

The appeal will only be successful if the sheriff considers that we, in making our decision, have:

  • erred in law
  • based our decision on an incorrect material fact
  • acted contrary to natural justice
  • exercised our discretion in an unreasonable manner

You 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.

 

Objections or representationsObjections or representations

Objections or representations relating to a licence application may be made in writing to the licensing section, within 28 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

Police Scotland, 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 ourselves.

The appeal will only be successful if the sheriff considers that we, in making our decision, had:

  • erred in law
  • based our decision on an incorrect material fact
  • acted contrary to natural justice
  • exercised our discretion in an unreasonable manner