Street Trader’s Licence

Licence summary

A street trader licence is needed by any person who carries on street trading, to any person in a public place in or from a vehicle, kiosk or moveable stall, whether on their own account or as an employee.

Please note that this licence runs on a 3 yearly basis, which at present is 1st July 2018 to 30th June 2021. The current fees for a 3-year licence from 1st July 2018 are £251 for commercial applications, and £82 for voluntary / charity applications.  The fee is then reduced by a third on 1st July each year.

Make an application

Completing your application

How to apply

Apply online

You can also download the forms here:

Street trader's licence - application for new licence

Street trader's licence - renewal

Application for amendment to an existing licence

The information you have supplied on this form will be used for the purpose for which you have provided it, and appropriate measures are in place to protect your personal data.  A full privacy notice, which provides information about your rights under current data protection legislation and details about what will happen to your personal data can be found here:

If your proposed activity involves a food business and the use of a vehicle, kiosk or moveable stall, we cannot grant your application unless you produce a Certificate of Compliance with your application, certifying that the vehicle, kiosk or moveable stall complies with any relevant regulations under Food Safety legislation. To qualify for a Certificate of Compliance, your mobile premises must meet the Mobile Traders Food Hygiene National Standards.  Please contact our Environmental Health Team for more information, or if you do not already hold a Certificate of Compliance.

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

If the work is to be carried out mainly or wholly in premises, the application must also contain either of the following:

  • A declaration that you will display a notice at the premises for 28 days, which contains the details in your licence application and details on how to make representations regarding the application. This should be followed by a certificate to the licensing authority stating that this requirement has been complied with.
  • A declaration that you have rights in the premises that enable you to put up a notice, and detailing the reasonable steps that you have made to acquire those rights.

Regulation Summary

A summary of the regulation relating to this licence

Schedule of Conditions

Details of the Schedule of Conditions (pdf 83 KB) that relate to this licence.

Fees

Commercial (3 year) £251
Voluntary/Charity £82

Contact details

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

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

Eligibility Criteria

Eligibility Criteria

Exemptions

A street traders licence will not be required for:-

  1. The sale of newspapers only;
  2. The sale of milk by or on behalf of a person registered under section 19 of the Food Safety Act 1990;
  3. The sale of coal or coke or any solid fuel;
  4. Any activity for which a certificate under the Pedlars Act 1871 has been granted;
  5. Any activity for which a licence is required under the Civic Government (Scotland) Act 1982; or
  6. Organising or participating in a public charitable collection which has been granted permission under Section 119 of the Civic Government (Scotland) Act 1982.

 

The Application ProcessThe Application process

We will:

  • send a copy of the application to Police Scotland
  • send a copy of the application to the area Environmental Health Officer
  • 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