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To operate as a street trader you may need a licence from the local authority.
A street trading licence is not required for:
Applicants wishing to sell food from their vehicle/stall need to have it inspected to ensure compliance with food hygiene regulations. A licence can not be granted without a valid Food Safety Certificate of Compliance.
The local authority will:
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.
You must not be disqualified from holding a licence and you must be a fit and proper person to be the holder of a licence. You must not have applied for the same licence within the last year, unless there has been a material change in your circumstances since the last application.
If the local authority 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 to the sheriff, 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.
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 local authority.
The appeal will only be successful if the sheriff considers that the local authority, in making their decision, had:
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. Please contact your Local Authority in the first instance.
Civic Government (Scotland) Act 1982
An application fee is payable.
Applications must:
Yes, where the local authority fails to make a decision within six months of receipt of the application, the licence is deemed to be granted or renewed.
Objections or representations relating to a licence application may be made in writing to the local authority, within 28 days of notice of the licence application being given, stating:
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 local authority.
We would always advise that in the event of a complaint the first contact is made with the licence holder - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, the Citizens Advice Bureau will give you advice. From outside the UK contact the UK European Consumer Centre.