West Lothian Council delivers

Licences - street trading

 

The council's Licensing Team in partnership with other council services and Lothian and Borders Police process applications for licences for street trading.  If you plan to operate:

Any person who requires a street traders licence for a particular event or date must submit an application on the appropriate form along with the correct fee to West Lothian Connected, 16a Almondvale Centre, Livingston at least 35 days prior to that event or date to allow the application to be processed.

Note: where less than 35 days notice is given the council will not process the application and any fee paid will be refunded.

Forms and fees are available at the bottom of this page.

A street trader's licence is required where a person, whether on his/her own account or as an employee, or business, proposes to engage in the activity of  street trading.  This means that not only a street trader needs a licence as an employer but also each individual person who is employed in the street trading as well. 

Business trading as a company or partnership are required to ensure that each employee is licensed in his/her own right.

Definition of "street trading"
Doing any of the following things in a public place.

• Hawking, selling, or offering or exposing for sale any article;
• Offering to carry out or carrying out for money or money's worth any service.

Definition of "Public place"
Any place (whether a street or not) to which the public have unrestricted access and includes:

• The doorways or entrances of premises abutting on any such place; and
• Any common passage, close, court, stair, garden or yard pertinent to any tenement or group of separately owned houses.

A street trader's licence is not required for:

• The sale of newspapers only;
• The sale of milk by or on behalf of a person registered under regulations under Section 19 of Food Safety Act 1990;
  
• The sale of coal, coke or any solid fuel derived from coal or of which coal or coke is the constituent;
  
• Any activity in respect of which a certificate under the Pedlars Act 1871 has been granted;
  (A Pedlar is any person who travels and trades on foot, carrying to sell or exposing for sale any goods or procuring orders for goods immediately to be delivered or selling or offering for sale a skill in handicraft).
  
• Any activity in respect of which a licence is required under the Civic Government (Scotland) Act, 1982, apart from Section 39 of that Act dealing with street trader's licences;  
• Organising or participating in a public charitable collection within the meaning of Section 119 (16) of the above Act in accordance with permission granted under that Section.
  

In addition, a street trader's licence is not required by persons making pre-arranged deliveries.  A "pre-arranged delivery" is where only goods, which have been ordered by customers, are delivered.  Other than those who are exempt in terms of Section 39 of the Civic Government (Scotland) Act, 1982, a person who sells goods to the public and who is not carrying out pre-arranged deliveries does require a street trader's licence.

In terms of the Food Safety Act 1990 food is very widely defined and covers all food and drink including water and chewing gum.

Updated: 16/05/13