Street trader's licence

Our council office at Viewmount, Stonehaven is being refurbished. Find out how the works might affect you when making a licensing application.

A street trader's 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. The licensing authority will attach standard conditions to the licence and may impose additional conditions if required.

Exemptions

You will not require a street trader 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 of the Civic Government (Scotland) Act 1982

Before you apply

There are two types of application. One is for anyone who is operating as a street trader on their own account. The other is for anyone who will be assisting or employed by someone else. In both cases a street trader’s licence is required.

A street trader’s licence doesn’t mean that you have all necessary permissions and consents to carry out the business at the places indicated in the licence. It is up to you to ensure that you have all other permissions. For example, permissions from the land owner where applicable and from the relevant roads authority if located on a public road. Also, the granting of a street trader’s licence doesn’t carry with it any planning consent that might be required. Please contact the Planning team if you wish to obtain advice on any planning implications.

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 with your application a certificate of compliance, certifying that the vehicle, kiosk or moveable stall complies with any relevant Regulations under the Food Safety legislation. To qualify for the certificate of compliance, your mobile premises must meet the Mobile Traders Food Hygiene National Standards (pdf 409KB). Contact our Food Safety team for more information.

Additional requirements for your application

You must be a fit and proper person and not be disqualified from holding a licence. The vehicle you use for the purpose of street trading must be suitable for that purpose.

You can't have had an application refused for the same licence within the 12 months prior to making your application, unless there has been a material change in circumstances.

Conditions

The council has standard conditions that will apply to all licences that are granted or renewed after 1st May 2019.

View the standard conditions (pdf 92.5KB) that will apply to the principal licence holder, who operates the business. You can also view the employee standard conditions (pdf 93.9KB).

In addition, the licensing authority may attach other reasonable conditions to any licence, where appropriate.

Telling us about any changes

You must notify us in writing of any changes to the details of the Licence. This information should be submitted, in writing, within one month of the changes taking place.

If the need for the licence becomes redundant, you should surrender the licence to us as soon as possible.

Application fee

An application fee is payable. The fee is the same whether you are a street trader operating under your own account or a street trader employee or assistant.

The fee is currently £165 for a mobile trader and £165 plus advertising costs if trading from a fixed location.

Cheques or postal orders should be made payable to ‘Aberdeenshire Council’.

The fee must be paid at the same time the application for the licence is lodged with us. The application will not be considered competent until the fee is paid.

How to apply

You can apply for street trader licence to be granted or renewed in paper or online. View our identity checks for applicants guidance note (pdf 138KB).

Your completed application form needs to be accompanied by additional supporting documents and a cheque or postal order for the appropriate fee.

Apply in paper

If you are applying to operate on your own account in paper, complete the street trader application form (pdf 89.6KB).

If you are applying as an employee or assistant in paper, complete the street trader employee application form (pdf 74.6KB).

Please send your competed form to:

Aberdeenshire Council
Legal and Governance
Viewmount
Arduthie Road
Stonehaven
AB39 2DQ

Apply online

Alternatively, you can apply for a street traders licence online on GOV.UK website however additional information may be requested if you do so.

Please make sure that you indicate whether you are applying to operate on your own account or if you are applying as an employee or assistant. You can do this by using the 'additional details' box in section 10 of the online form.

Supporting documents

You will need to supply additional documents with your application:

If you are applying as an employee or assistant, you only need to provide the passport photographs.

Application process

If trading from a fixed location, the applicant will be supplied with an advert which they must arrange to have advertised in a local newspaper covering the area where they propose to trade, at their own cost. The advert will provide details of the applicant, the location it is proposed to trade from and will advise how and where objections or representations can be made to us.

Failure to provide the necessary information and documentation, or the application fee, will result in the inability to further process the application.

You are not permitted to operate as a street trader until such time as a street trader licence has been issued to you.

We will send a copy of your application to the Police, the Firemaster, Planning Services, Building Standards and Environmental Health (our consultees) for comment.

In the absence of objections or adverse representations, your licence will be issued to you under delegated authority.

Where objections or adverse representations are made, your application will be referred to the appropriate Committee of Aberdeenshire Council for consideration.

If your application is successful you will be provided with an identity badge together with your licence which you must wear at all times you are working as a street trader.

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