Trading licences

You will need this licence to run a 'private market' in North Ayrshire. A private market is a market at which goods are offered by more than one seller for sale by retail to the public. A licence is needed whether the market is in the open air or in a building.

You may not need a licence if the market is either held:

• by charitable, religious, youth, recreational, community, political or similar organisations
• only for the sale of livestock, fodder or grain

How to apply

Complete the Market Operator's Application Pack document and return it to Licensing.

Next stages

We'll work with Police Scotland and other departments to inspect your proposed premises to make sure they meet the standards.

Applications advertised on this website allow members of the public to make any objections.

If there is any comment from the public, Police Scotland, or any council department, you will be told. Then your application referred to the Licensing Committee for a decision. If the Committee decides to have a hearing, you will be invited to that and you will be able to speak to the Committee. Most applications do not need a hearing and are granted by council officers.

It may take up to three months to process your application. If you haven’t heard from the Licensing Office within a reasonable period, contact us.

Licence length

If granted, a full licence lasts three years from the date of issue and can be renewed.

If you hold a licence and apply to renew it before it expires, it continues after expiry, until North Ayrshire Council decide on the renewal.

A temporary licence cannot be renewed. If an application for a full licence is made during the term of a temporary licence, it continues until the full licence is granted. There is no limit to the number of temporary licences that can be applied for.

Licence conditions

The licence will have the council's Standard Conditions. In some cases, the council may apply special conditions relevant to your circumstances.

Any conditions which apply to you will be set out in the licence document you will be given. If these are broken, then the licence holder can be charged by the Police Scotland. The Licensing Committee can suspend the licence after a hearing. You will be invited to such a hearing and will be able to speak to the committee.

The law

This is a licence under Section 40 of the Civic Government (Scotland) Act 1982.

To deal in metal, including gold and silver, you'll need a licence. There are two sorts of Metal Dealer's Licence:

1. Metal Dealer: if you trade from premises (such as a shop or office), you need a separate Licence for each site.
2. Itinerant Metal Dealer: if you travel from place to place to deal in any scrap metal but have no premise. It covers the whole of Scotland, not only North Ayrshire.

How to apply

Before applying, please read our Tax Rules for Licences document.

Complete an application form and return it to Licensing:

• Metal Dealer's application pack document
• Itinerant Metal Dealer's application pack document

Next stages

When we have received your application and fee:

• applications advertised on this website allow members of the public to make any objections
• we'll consult with Police Scotland and council departments
• you will have to display a 'notice for display' at or near the Premises (if appropriate), so that the public can see what you want

If no objections, and your application is within the policy, the application can be granted under 'delegated powers'. This means it is decided by an Officer with Delegated Powers, rather than wait for the next Licensing Committee meeting.

If there is any adverse comment, the application must be referred to a Hearing of the Committee. You will be told about the hearing and will be able to make protests in favour of your application.

Licence length

If granted, both licences last three years from the date of issue. This is unless the Committee decides on a shorter period. Your licence will state the date it expires. If you apply for renewal before then, you can continue trading until the council decides.

Licence conditions

The licence will have the council's Standard Conditions. In some cases, the council may apply special conditions relevant to your circumstances.

Any conditions which apply to you will be set out in the licence document you will be given. If these are broken, then the licence holder can be charged by Police Scotland. The Licensing Committee can suspend the licence after a hearing. You will be invited to such a hearing and will be able to speak to the Committee.

You will need this licence if you are carrying on the business as a dealer in certain types of second hand goods. If you are selling metal or knives you might need a metal dealer's or knife dealer's licence too. Contact us for more advice.

You need a Second Hand Motor Vehicle Licence to deal in second hand motor vehicles, vehicle parts or accessories.

You need a Second Hand Dealer's Licence to sell second hand:

• cycles
• antiques
• electrical goods - including domestic appliances, television, video, radio, audio and amplifying and public address equipment
• photographic equipment
• sports equipment
• musical instruments and equipment
• jewellery
• pictures and objects d'art
• office furniture and equipment - including computers, word processors, typewriters and associated software and accessories
• items of plant and industrial machinery and equipment
• mobile phones, computer games, computer games consoles and DVDs

A Second-hand Dealer's Licence is not required for:

• a pawnbroker
• a business as a wholesale dealer purchasing exclusively from licensed second hand dealers
• a charity entered in the Scottish Charity Register
• a dealer in second-hand goods or articles incidental to another business not a dealer in such goods or articles
• a business either of financing the acquisition of goods by means of hire-purchase agreements, conditional sale agreements or credit sale agreements or of financing the use of goods by means of hiring agreements

How to apply

To apply, complete and return a Second Hand Dealer's application document.

To apply for a Second Hand Motor Vehicle Dealer’s Licence complete and return a Second Hand Motor Vehicle Dealer application pack.

Next stages

We'll consult with Police Scotland and Council departments. Applications advertised on this website allow members of the public to make any objections.

If there is any comment from the public, Police Scotland or any council department, you will be told, and your application referred to the Licensing Committee. If the Committee decides to have a hearing, you will be invited to that and you will be able to speak to the Committee. Most applications do not need a hearing and are granted by council officers.

It may take up to eight weeks to process your application. If you haven't heard from the Licensing Office within a reasonable period, contact us.

Licence length

If granted, your licence will last for three years from the date of issue and can be renewed.

If you already hold a licence and apply again for it to be renewed before it expires, the licence continues until North Ayrshire Council decides.

Licence conditions

The licence will have the council's Standard Conditions. In some cases the council may apply special conditions appropriate to your particular circumstances.

Any conditions which apply to you will be set out in the licence document you will be given. If these are broken, then the licence holder can be charged by Police Scotland and the Licensing Committee can suspend the licence after a hearing. You will be invited to such a hearing and will be able to speak to the committee.

To sell goods in a public place for money, or money's worth, you need a licence. This will be either a Street Trader Operator's Licence or Street Trader Employee Licence.

A licence granted to the operator allows that person (or persons). Any other person serving the public as a part of that business must also have their own Employee Licence. There are some exceptions including:

• a person selling newspapers
• milk deliveries
• sale of coal

provided they are registered under the appropriate legislation.

Our Licensing Committee agreed an exemption in August 2017. This was to allow for Street Trading without a Street Trader’s Licence, where both of the following apply:

1. The vehicle, kiosk or moveable stall operates within land covered by a Public Entertainment Licence
2. The operator of the vehicle, kiosk, or moveable stall is the holder of that Licence or travels from place to place with that holder.

This exemption is consistent with the Civic Government (Scotland) Act 1982, Section 39(3)(e).

Types of licence

There are three street trading options for Operators:

1. Static – if you intend to trade at a specific site(s) for longer than 20 minutes.
2. Itinerant – if you intend to trade from many locations, remaining at one site for a maximum of 20 minutes before moving on.
3. Events – if you intend to trade at temporary events throughout North Ayrshire. For example, galas and fetes, with the permission of the event organiser.

Traders can apply to be licensed for events only. They can also apply for static or itinerant trading with the option of also trading at events.

How to apply

Complete an application form and return it to Licensing with fee:

• Street Trader Operator's Licence application
• Street Trader Employee Licence application

To amend an existing licence, complete and return a Street Trader amendment.

Next stages

If the application has been correctly submitted with photographs and fee, it will be sent for consultation.

Applicants selling food from a vehicle, stall or kiosk may need to have it inspected. This is to ensure compliance with Food Hygiene Regulations. A licence for a food business can't be granted without a valid Food Safety Certificate of Compliance.

Applications advertised on this website allow members of the public to make any objections or representations.

When all consultation reports (and any other applicable submissions) have been received an assessment will be carried out on whether:

• an application can be granted by an Authorised Officer of the Council, or
• it requires to go to the Licensing Committee for consideration

If the Committee decides to have a hearing, you will be invited to that and you will be able to speak to the Committee. The majority of applications do not need a hearing.

It takes at least six to eight weeks to process a full (three year) licence. Applications for temporary licences can be processed quicker.

Licence length

Licences are available as either:

• Full – lasts up to three years
• Temporary – lasts up to six weeks

If you already hold a Full licence and apply again to renew before it expires, the licence continues even after expiry. This is until North Ayrshire Council decide on the renewal.

Licence conditions

The licence will have the Council's Standard Conditions document. In some cases, the council may apply special conditions appropriate to your particular circumstances.

Any conditions which apply to you will be set out in the licence document you will be given. If these are broken:

• the licence holder can be charged by Police Scotland
• the Licensing Committee can suspend the licence after a hearing which you will be invited to attend and have the opportunity to speak to the committee.

One of the conditions attached to this licence is that the trader must not operate within 50 yards of any fixed shop selling similar goods, or a school.

Under the Civic Government (Scotland) Act 1982, any business involving any of the following activities must be licensed:

• acupuncture
• cosmetic body piercing
• electrolysis
• tattooing
• microblading

How to apply

Before applying for a licence, read the guidance advice note document. This advises which procedures require licences and which do not. This includes dermaplaning and dermabrasion.

You can apply online for a skin piercing and tattoo licence:

Next stages

Once we have received your application:

• we'll arrange to carry out an inspection on your proposed premises. This is to make sure they meet the required standards
• applications advertised on this website allow the public to make objections or representations
• you will have to display a Site Notice at, or near, the Premises.

Licence length

The licence is valid for three years from the date of issue, unless the Committee has decided on a shorter period. The expiry date is stated on the licence.

Licence conditions

Conditions are divided between:

• pre-conditions - standards which you have to meet before the council will grant or renew a licence
• continuing conditions - these apply after the licence has been granted

Read Skin Piercing and Tattooing Licensing Conditions document.

Renewing a licence

If you have applied for a renewal before the expiry date, you may continue trading after the expiry date has passed. This is for as long as it takes for us to deal with your renewal.

You need a Window Cleaner's Licence if you:

• are employed (or self-employed) as a window cleaner
• employ others to clean windows.

All partners in a business, and each employee needs a licence.

It is a criminal offence to do the following without a licence:

• clean windows for money, promises of money, or with the expectation of payment
• call at houses, shops, offices or other premises to get window cleaning jobs

If you do not have a licence, you could be charged.

How to apply

You will need:

• two up to date passport photographs
• a completed window cleaner's licence application
• the fee
• evidence of public liability insurance of at least £1million

Types of licence

There are two types of window cleaner's licence.

Full licence

This is the licence for a regular occupation. It lasts three years and can be renewed after that for three years at a time.

The committee can set a shorter period. Usually the expiry date will be the last day of the month before the month containing the three year anniversary.

Temporary licence

A temporary licence lasts six weeks and can't be renewed. If you apply for a full licence during that time, the temporary licence continues until we decide on the application.

Licence start dates

The start date of your licence depends on it's status.

New licence

Your licence will start on the day we grant it.

Renewed licence

A renewed licence will be backdated, to the expiry date stated on your previous licence.

If you apply to renew your licence before the expiry date, the licence stays in force past that date. This is for as long as it takes us to decide on your renewal application.

Late renewal

If you give us your renewal application after the expiry date, this means that:

• your licence has expired, so you cannot operate as a window cleaner
• if you do operate, the Police might charge you

We will treat your application as asking for the grant of a new licence, instead of a renewal.

You should check with your insurer; you might be uninsured if your cover depends on a licence being in force.

The law allows us to treat a late application as a renewal if:

• you apply no later than 28 days after the expiry date, and
• you have a 'good cause' that explains why you are late (you should explain what this is in your application form).

Next stages

When we have your application and fee, we will:

• inform Police Scotland
• advertise your application

We allow 28 days for the police and members of the public to make any objections or representations.

If there are no objections or representations, the application can be granted.

If there is any objection or representation, we will send your case to the Licensing Committee for a hearing. If there is a hearing, you will be invited to attend. If you cannot (or choose not to) attend, you will be able to write to the committee about your application. The committee will take account of anything you say or write.

You should allow for the time that it takes for the council to carry out the statutory processing procedure. This can take up to six months.

Licence conditions

The licence will be granted subject to conditions document.

You will be issued with a badge, that you must keep with you, to show to the Police or a Council officer.

In some cases, we may apply special conditions which will be set out in your licence document.

If conditions are broken:

• you can be charged by Police Scotland
• the Licensing Committee can revoke or suspend the licence after a hearing.
• any breach will be considered if you apply to renew the licence.