Clackmannanshire Council Online

Licence - Market Operator

Licence - Market Operator

Licence summary

To hold a private market including a car boot sale you will need a market operator's licence from Clackmannanshire Council.

You will not need a licence in the case of functions held by charitable, religious, youth, recreational, community, political or similar organisations, or the market is only for the sale of livestock, fodder or grain.

Conditions may be attached to the licence about opening times, provision of toilets, layout of market and public safety.

You must notify the Council of any material change in your circumstances as soon as you reasonably can.

You must not be disqualified from holding a licence and you must be fit to be the holder of the licence.

You must not have had an application refused for the same licence and same location or premises within the last year in Clackmannanshire unless there has been a material change in your circumstances since your last application.

Eligibility Criteria

An application fee of £485.50 is payable.

Applications must :

• be in writing (including by electronic means) in the form specified by the Local Authority


• 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.

Regulation Summary

A summary of the regulation relating to this licence

Application Evaluation Process

The Council will :

• send a copy of the application to the chief constable


• 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.

The Council may :

• 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 Council and how such objections or representations should be made.

The Council may make such reasonable inquiries as they think fit and include the results of these inquiries in matters they take into account. Where they intend to include any of these results they must notify you.

You may be given the opportunity to make representations. Before deciding your application, the Council must let you give your views in writing if they intend to take account of the result of any inquiries they have made or if there has been an objection or representation about your application.

The application must also contain one of the following declarations:

• that you will display a notice at the premises (which includes land) for 21 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.
  
• that you do not 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.

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 local authority by the end of the target completion period which is 30 working days from the date of receipt of your application and all supporting documentation.

This period can be extended once if necessary due to the complexity of the issue provided we notify you of the extension and its duration before the expiry of the original 30 working day period.

Apply

Please email licensing@clacks.gov.uk to apply for this licence.

Failed Application Redress

Please contact our Licensing Administrator in the first instance.

The initial decision will be made by the Council's Head of Administration & Legal Services. If dissatisfied with his/her decision, you may appeal to the Council's Regulatory Subcommittee of the Planning Committee.

If you wish to appeal further against a decision you may do so to the Sheriff of Tayside, Central & Fife at Alloa within 28 days of the decision of the Regulatory Subcommittee.

Within 28 days of the decision to refuse your application you may require the Council to give the reasons for their decision.

The Sheriff can only uphold your appeal if he/she considers that the Council :

• erred in law


• used any incorrect material fact when making its decision


• acted contrary to natural justice


• exercised their discretion in an unreasonable manner.

Appeals against a Sheriff's decision on a point of law can be made to the Court of Session within 28 days of the Sheriff's decision.

Licence Holder Redress

Please contact our Licensing Administrator in the first instance.

If the Council decides to suspend your licence, not to renew your licence, or not to consent to material changes to the premises used or to vary the terms of your licence, you may appeal against the decision within 28 days of being notified as long as you have already followed any available procedure in terms of stating your case to the Council.

The initial decision will be made by the Council's Head of Administration & Legal Services. If dissatisfied with his/her decision, you may appeal to the Council's Regulatory Subcommittee of the Planning Committee.

If you wish to appeal further against a decision you may do so to the Sheriff of Tayside, Central & Fife at Alloa within 28 days of the decision of the Regulatory Subcommittee.

Within 28 days of the decision to refuse your application you may require the Council to give the reasons for their decision.

The Sheriff can only uphold your appeal if he/she considers that the Council :

• erred in law


• used any incorrect material fact when making its decision


• acted contrary to natural justice


• exercised their discretion in an unreasonable manner.

Appeals against a Sheriff's decision on a point of law can be made to the Court of Session within 28 days of the Sheriff's decision.

Consumer Complain

We advise that in the event of a complaint you firstly contact the licence holder- in writing (with proof of delivery). If you are still dissatisfied and you are located in the UK, Consumer Rights webpage will give you advice. If you are located outside the UK contact the UK European Consumer Centre.

Other Redress

Objections or representations relating to a licence application may be made in writing to the Council, 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 objection or 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 the decision as long as they have already followed any available procedure in terms of stating their case to the Council.
The Sheriff can only uphold your appeal if he/she considers that the Council :

• erred in law


• used any incorrect material fact when making its decision


• acted contrary to natural justice


• exercised their discretion in an unreasonable manner.

Appeals against a Sheriff's decision on a point of law can be made to the Court of Session within 28 days of the Sheriff's decision.

Trade Associations

None