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Second Hand Dealers Licence

West Lothian Council operates a second hand dealer's licensing scheme which is administered by the Council's Licensing Team.

The Team are able to provide general guidance on the scheme but cannot assist you to complete your application form or provide legal advice on whether a licence is required. You should seek legal advice from a solicitor or advice centre you are unsure as to whether if you require a licence.

Second Hand Dealer's who require a licence from the Council

In terms of Section 24 of the Civic Government (Scotland) Act, 1982, a "Second Hand Dealer" is defined as a person carrying on a business as a dealer in second hand goods or articles of any description and a licence will be required only by the owner or manager of the business and not by salesmen or other employees.

The Council has decided that a second hand dealer's licence is required in West Lothian to carry on a business in the following second hand goods:

  • Stamp dealers
  • Second hand book dealers
  • Antique dealers
  • Second hand jewellery dealers
  • Dealers in second hand furniture
  • Dealers in second hand electrical and/or gas goods
  • Dealers in second hand general goods
  • Dealers in second hand motor vehicle
Exemptions from requiring a Second Hand Dealers Licence

Section 24(3) of the Civic Government (Scotland) Act, 1982 provides that a second hand dealer's licence shall not be required for carrying on the following businesses:

  • The business of a pawnbroker (that is to say, a person who under a regulated agreement under the Consumer Credit Act, 1974, takes an article in pawn).
  • A business as a wholesale dealer purchasing exclusively from second hand dealers licensed under the Civic Government (Scotland) Act, 1982.
  • The business of a charity (that is to say, a body which is entered in the Scottish Charity Register)
  • A business as a dealer in second hand goods or articles incidentally to another business not being that of a dealer in such goods or articles (eg when used articles are taken in part exchange against new articles)
  • A business either of financing the acquisition of goods by means of hire purchase agreements, conditional sale agreements or credit sales agreements (as defined in Section 189(1) of the Consumer Credit Act, 1974) or are financing the use of goods by means of hiring agreements.
How do you apply for a Second Hand Dealers Licence?

If you want to apply for a second hand dealer's licence you must submit an application form along with the required documents and the appropriate fee, applications with guidance notes attached and a note of fees are available to download from the Related Documents section on this page.

You should read the guidance notes carefully before completing the application form. You must ensure that you use the most up to date application form available to download from this page, out of date versions cannot be accepted.

If you require a temporary licence that allows you to operate at a particular event and to allow time for your application to be processed it should preferably be made at least 3 months before the date of the particular event and any application must be received at least 35 days in advance of the date of the event.

All applications are copied to the Council's advisors who can recommend that conditions in addition to the standard conditions detailed on this page are attached to the licence when granted. If you do not want to accept any recommended conditions then the application would be referred to the Licensing Committee for a decision to be made regarding which conditions will apply to your licence. Mandatory background checks will be carried out on all applicants by Police Scotland and applicants' details will be retained on computer. You will be contacted once vetting is complete.

How will my application be decided?

Applications which do not attract any adverse comments/objections are granted by the Chief Solicitor under delegated powers. All other applications require to be referred to the Licensing Committee for determination. You will be advised if your application is being referred to the Licensing Committee. The Committee meets on a monthly basis.

We have nine months in which to determine your application however the majority of applications are determined within 60 days.

What standard conditions will be applied if my licence is granted?

Standard conditions that are applied to second hand dealers licences can be found in the related documents section of this page.

Please note that if your licence is to deal in motor vehicles then the second hand car dealers conditions will be applied, these can also be found in the related documents section of this page.

How long will my licence be granted for?

A second hand dealers licence is issued for a period of 1 year for both the grant or renewal of a licence.

What if I want to vary any of the standard conditions in relation to my licence?

If you are a current licence holder and wish to vary a condition of your licence you need to make a variation application using the form and pay an administration fee. Please note that a separate application must be made for each licence which you wish to be varied. The application form and a list of fees can be found in the Related Documents section of this page.

Once your application form and fee are received a copy of your application will be sent to the Council's advisors for their comments. If there are no adverse comments received from advisors the licence can be varied by the Chief Solicitor using delegated powers.

However if any adverse comments are received the application would then need to be referred to the next suitable Licensing Committee for a decision to be taken. If your application needs to go to the committee the whole process may take three to four months depending on how long it takes for the advisors to respond. If your variation application is referred to committee you will be invited to attend the meeting to explain to the committee why you consider your application should be granted.

List of current second hand dealer licence holders and premises

The following list contains details of licence holders, the list is updated regularly and at least every 12 weeks and gives details of the name of the licence holder and premises address. For the avoidance of doubt this is the only information available to members of the public.

pdf icon Second Hand Dealers Licence Holders [81kb]

How do you complain about a licence holder?

Complaints regarding licence holders may be made to the Licensing Team. These should be made in writing by email licensingservices@westlothian.gov.uk or letter and give all the information you can about the nature of the complaint including the date.

Complaints regarding unlicensed second hand dealers should be made to Police Scotland by calling 101.