Market operators licence

Licence summary

To hold a private market including a car boot sale you might need a market operator's licence from the local authority.

You may not need a licence if the proceeds are used for charitable purposes or not for private gain, or the market is only for the sale of livestock, fodder or grain.

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

Eligibility Criteria

Your application must be in writing (including by electronic means), in the form specified by the Local Authority and accompanied by any requested fee.

You must be a fit and proper person and not be disqualified from holding a licence.

Regulation Summary

A summary of the regulation relating to this licence

Application Evaluation Process

Public notice of the application may be given in a local newspaper and objections may be considered.

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

You may be given the opportunity to make representations.

If the market is to take place on premises the application must also contain either of the following:

  • A declaration that you will display a notice at the premises for 20 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.  The time limit for lodgement of objections is 28 days from the date of application.
  • A declaration 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

OR

No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it. You can do this online if you applied through the UK Welcomes service or use the contact details provided.

Apply online

Apply for a market operators licence

Apply for a certificate of compliance

Failed Application Redress

Please contact your Local Authority in the first instance.

You can request reasons in writing for the refusal within 28 days of the date of the decision.

You may appeal to the sheriff against the decision which must be lodged within 28 days from the date of the decision.

Licence Holder Redress

Please contact your Local Authority in the first instance.

You can request reasons in writing for a refusal to renew, a variation or suspension of a licence within 28 days of the date of the decision.

You may appeal to the sheriff against the decision which must be lodged within 28 days from the date of the decision.

Consumer Complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, WWW.GOV.UK will give you sources of advice. From outside the UK contact the UK European Consumer Centre.

Other Redress

If your application is refused you cannot apply again in respect of the same activity in the same area within one year of the refusal unless there has been a material change of circumstances.

Any party to an appeal to the sheriff may appeal on a point of law from the sheriff's decision to the Court of Session within 28 days from the date of that decision.

Trade Associations

None

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