Clackmannanshire Council Online

Licence - Street Trader

Licence - Street Trader

Licence summary

To operate as a street trader on your own account or as an employee you will need a licence from Clackmannanshire Council.

Street trading consists of doing any of the following 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.

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

Eligibility Criteria

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

The vehicle you use in order to carry out your work as a street trader must be suitable for that purpose.

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

You will not require a street trader's licence for:

• the sale of newspapers only


• the sale of milk by or on behalf of a person registered under the Food Safety Act 1990


• the sale of coal or fuel derived from coal or coke


• any activity for which a certificate under the Pedlar's Act 1871 has been granted


• any activity for which a licence is required under other provisions of the Civic Government (Scotland) Act 1982


• organising or participating in a public charitable collection, which has been granted permission under section 119 (16) of the Civic Government (Scotland) Act 1982.

If your proposed activity involves a food business and the use of a vehicle, kiosk or moveable stall, the Council can not, subject to any other ground of refusal, grant your application unless you can produce a certificate from the Council as food authority for Clackmannanshire certifying that the vehicle, kiosk or moveable stall complies with any relevant regulations under the food safety legislation.

Regulation Summary

A summary of the regulation relating to this licence

Application Evaluation Process

An application fee of £297.70 is payable.

Applications must:

• be in writing (including by electronic means)


• 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, and the area in which the activity is to be carried out

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 local authority, and how such objections or representations should be made.

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 days 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 Strategic Director of Place. If dissatisfied with his/her decision, you may appeal to the Council's Regulatory 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 date of the decision to refuse your application, you may require the Council to give the reasons for their decision.
The Sheriff can only uphold an 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 local authority decides to suspend your licence, not to renew your licence, or not to consent to material changes to the premises or vehicle used in the course of your work, or to vary the terms of your licence, you may appeal against the decision within 28 days of being notified, as long as they 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 Development & Environment Services. If dissatisfied with his/her decision, you may appeal to the Council's Regulatory 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 date of the decision to refuse your application, you may require the Council to give the reasons for their decision.
The Sheriff can only uphold an 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 Complaint

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 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 appeal will only be successful if the sheriff considers that the local authority, in making their decision, had:

• erred in law


• based their decision on an incorrect material fact


• 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.