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                                               COMHAIRLE NAN EILEAN SIAR

                                        CIVIC GOVERNMENT (SCOTLAND) ACT 1982

                                          STREET TRADER'S LICENSING: NOTES


     Why do I need a Licence?

1.   The Civic Government (Scotland) Act 1982 introduced compulsory licensing of certain activities
     and also the option to licence other activities. In the Western Isles all vans selling non food items
     such as furniture, carpets etc. and those selling hot, ready to eat food such as fish and chips,
     pizzas etc. have to be licensed. The only category of trader exempt from licensing are those vans
     selling food which is not ready to eat, such as butchers and grocers. If you are unsure whether
     you need a licence please contact the Department for clarification.

     Who is a street trader?

2.   The Act defines 'street trading’ as doing any of the following things in a public place:

     (a)    hawking, selling or offering or exposing for sale any article; and

     (b)    offering to carry out or carrying out for money or money's worth any service;

     to any person in the public place and it includes doing any of these things in or from a vehicle or in
     or from a kiosk or movable stall which is not entered in the valuation roll. A street trader's licence
     is not required for the sale of newspapers, the sale of milk, the sale of coal, coke or solid fuel, any
     activity in respect of which a certificate under the Pedlar's Act 1971 or for a public charitable
     collection as defined in Section 119 of the Act.

     What conditions will be applied?

3.   The general conditions are attached to the application form and will form part of the licence which
     is granted. Additional specific conditions may be applied to your licence.

     What is a Certificate of Compliance?

4.   This is a certificate which confirms that the vehicles and the trading base from which it operates
     comply with food safety legislation. A Certificate of Compliance will be needed before a Street
     Trader‟s Licence can be issued. Applications for a Certificate of Compliance should be made to
     the Social & Community Services Department for any food premises.

     Who will be consulted?

5.   All applications must be submitted to the Police for an opinion as to whether or not the applicant is
     a fit person to hold the licence and the Department will also consider the suitability of the vehicles,
     premises etc.

     What is the fee?

6.   The Current years fees and charges can be found at:
     http://www.cne-siar.gov.uk/feesandcharges/environmentalhealth.htm

     Normally a Certificate of Compliance is needed with an application, therefore the fee will be for an
     initial /renewal plus a Certificate of Compliance
      When do I need to renew my licence?

7.    The initial licence is for a period of 1 year and the licence will therefore need to be renewed 12
      months from the date of it being granted. Renewals of existing licences are for a period of 2
      years. If, after you have applied for renewal of your licence, your existing licence expires you may
      continue trading until your licence is renewed or the renewal is refused.

      Am I committing an offence if I do not obtain a licence?

8.    Yes, if you are conducting an activity which requires to be licensed in terms of the Comhairle's
      resolution and you do not obtain the licence then you are committing an offence and, you will be
      liable, on summary conviction to a fine not exceeding £5000. if you obtain a licence and do not
      comply with a condition attached to the licence you will be guilty of an offence and liable, on
      summary conviction, to a fine not exceeding £2500. The Act provides that it shall be a defence for
      a person charged with an offence of non-compliance with a condition to prove that he used all due
      care to prevent the commission of the offence.

      What if I make a false statement on my application form?

9.    If you make a statement which you know to be false or recklessly make any statement which is
      false you will be guilty of an offence and liable, on summary conviction, to a fine of £5000.

      Are there any other offences arising from the operation of the licensing system?

10.   Yes.

      (a)    if you, without reasonable excuse, make or cause or permit to be made any material
             change of any premises, vehicle, kiosk without the prior permission of the Comhairle you
             will be liable to a fine not exceeding £2500, on summary conviction; and

      (b)    if you fail, without reasonable excuse, to return your licence to the Comhairle after it has
             been revoked or after you cease to conduct the trade or business for which the licence was
             issued then you will be liable, on summary conviction, to a fine not exceeding £500.

      What do I do next?

11.   If you intend to sell food, you will be required to apply for a Certificate of Compliance for your
      vehicle, kiosk, stall and your premises base if food is to be stored there. You should complete the
      application form attached to these notes for a Certificate of Compliance. When you receive your
      Certificate of Compliance you should complete the application form for a licence which is also
      attached to these notes and send the application for the licence to the Health 7 Consumer
      Services at the address shown on the form along with your Certificate of Compliance. The
      Comhairle then has a period of up to three months to consider your licence application, and must
      reach a final decision within six months.

12.   You should read the conditions attached to these notes as these will form part of any licence
      granted to you. The Comhairle may also add further conditions on matters such as, the type of
      food or goods which you may sell, the times you may conduct your trade and the places where the
      trade can be carried on.
                       CONDITIONS APPLYING TO STREET TRADER LICENCE


      LICENCE AND BADGE
1.    A street trader, while engaged in street trading shall at all times display his licence in such a
      position that it can be clearly seen by any person trading.
2.    A street trader shall keep his licence at all times clean and legible and shall exhibit it on demand to
      any authorised officer of the Comhairle or any Police Officer.
3.    A street trader shall not in any way alter, erase or deface his licence.
4.    A street trader, when engaged in street trading shall wear the badge furnished to him displayed
      conspicuously so that the whole writing on it is distinctly visible. A street trader must, when
      requested, permit any person to inspect the badge and to note the writing on it. The badge must
      be renewed at such intervals as specified by the Director of Social and Community Services.
5.    A street trader shall not lend or allow any other person to use his licence or badge.
6.    A street trader who ceases to act as such for the unexpired period of his licence or whose licence
      has been suspended by the Comhairle or has expired, shall, within three days thereafter, deliver
      his licence and badge to the Director of Social and Community Services and shall be in
      contravention of these conditions if he has failed to deliver his licence and badge within the said
      period of three days.

      EMPLOYMENT
7.    The owner of a vehicle or stall licensed for street trading shall not employ or appoint for the
      purpose of street trading within the Western Isles Area any person who does not hold a street
      trader's licence.

      VEHICLE OR STALL
8.    A street trader who uses a vehicle or stall for the purposes of street trading shall not trade from
      the vehicle or stall until it has been approved by the Comhairle.
9.    A vehicle or stall used by a street trader shall clearly have displayed on it the name and address of
      the owner of the vehicle or stall. A vehicle or stall used for street trading shall not display the
      name and address of any previous operator.
10.   A street trader when using a vehicle or movable stall while engaged in street trading shall:
      a)     not cause any obstruction on any street or roadway;
      b)     ensure that the vehicle or movable stall does not stand for trade within a distance of 20
             metres of any pedestrian crossing or roundabout;
      c)     at all times conduct his business and maintain and position his vehicle or stall in such a
             manner that no danger is likely to arise to any person;
      d)     ensure at all time that the said vehicle or stall can be easily removed; and
      e)     display in a position agreed by an authorised officer of the Comhairle a licence plate issued
             by the Comhairle. Any such plate issued shall remain the property of the Comhairle and be
             returned to the Director of Environmental Services in the event of the trade ceasing.

11.   A street trader shall when reasonably required present his vehicle or stall for inspection by an
      authorised officer of the Comhairle.
12.   A street trader shall not use his vehicle or stall to conduct a food business unless a licence has
      been granted for this purpose by the Comhairle upon production by the street trader of a certificate
      from the Comhairle stating that the vehicle complies with Food Hygiene Regulations under the
      Food Safety Act 1990.
13.   A street trader shall carry in a suitable fastening in his vehicle, in a position approved by the
      Comhairle, a fire extinguisher which must be tested and maintained in accordance with British
      Standard for the testing and maintenance of fire extinguishers. The type of fire extinguisher
      recommended is a 2 kg dry powder extinguisher. However, the minimum size that will be
      acceptable is a 1 kg dry powder extinguisher.
14.   A street trader while engaged in street trading shall at all times keep himself and his clothing clean
      and maintain any vehicle or movable stall used for the purpose of street trading in a clean and
      proper condition to the satisfaction of an authorised officer of the Comhairle.

      LITTER AND NOISE
15.   While engaged in street trading in one location for a period exceeding 30 minutes, a street trader
      shall provide a litter bin in a public place for the deposit of paper, garbage, or other refuse by his
      customers.
16.   A street trader shall provide in his vehicle or stall a container for waste material of a type approved
      by the Comhairle.
17.   A street trader shall:
      a)      not at any time use for the purpose of advertising his presence, trade or business, any
              loudspeaker, horn, whistle or other device;
      b)      not use for any purpose, any loudspeaker, horn, whistle, or other device before 8.00 am or
              after 9.00 pm;
      c)      at all times comply with Section 62 of the Control of Pollution Act 1974.
      SALE OF FOOD
18.   The street trader, whose operations consist of or include food business within the meaning of
      Regulations made under The Food Safety Act 1990 shall:
      a)      store goods to be used in connection with the food business; and
      b)      provide and maintain in good working order equipment for the effective washing and
              rinsing of all equipment, utensils and vessels
      only in premises approved by the Comhairle.
19.   A street trader licensed to sell food shall comply at all times with the requirements of Regulations
      made under the Food Safety Act 1990. A street trader shall not sell food unless specifically
      licensed to do so, and shall sell only those classes of foods as approved by the Comhairle and as
      detailed in his licence.
20.   A street trader licensed to sell food from a vehicle shall not permit smoking within any part of the
      vehicle or stall used for storing, preparing or selling food.

      GENERAL
21.   A street trader shall not conduct his trade between the hours of midnight on Saturday and
      midnight on Sunday.
22.   Reference to a piece of legislation incorporates all amendments to, or replacements of, that
      legislation. No condition in the licence authorises a Street Trader to do anything contrary to the
      legislation.
                                                 COMHAIRLE NAN EILEAN SIAR

                                          CIVIC GOVERNMENT (SCOTLAND) ACT 1982

                                        APPLICATION FOR A STREET TRADER'S LICENCE


If the trade you propose involves the sale of foods you will require to obtain a Certificate of Compliance
issued by Environmental Health. An application form for a Certificate of Compliance is attached (Form
ST2).

When you have completed this form please sent it to the Director of Social and Community Services,
Comhairle Nan Eilean Siar, Sandwick Road, Stornoway, HS1 2BW along with the appropriate fee (see
para 6 on page 1 of the Notes).
____________________________________________________________________________________
SECTION 1

____________________________________________________________________________________

Please state type of licences by entering in the Box 1, 2, 3 or 4 as indicated below:
1 x New Licence (1 year)
2 x Renewal of existing Licence (2 years)
3 x Seasonal Licence (4 months)
4 x Temporary Licence (6 weeks)

ANSWER SECTION 2 OR 3
____________________________________________________________________________________

SECTION 2 To be completed by individual applicants
____________________________________________________________________________________
(a)    Surname                               Christian or Forename(s)

       Mr/Mrs/Miss*

____________________________________________________________________________________
(b)    Home Address

____________________________________________________________________________________
(c)    Telephone Number

____________________________________________________________________________________
(d)    Date and Place of Birth                       Age

____________________________________________________________________________________
(e)    Give name and address of person, company or firm, employing you to act as a Street Trader or
       state if self-employed.

____________________________________________________________________________________
(f)    Are you as the applicant going to carry out the day to day management of the street trading?

      YES/NO
____________________________________________________________________________________

(g)    If no, give full name and address and date of birth of any employee or agent to be employed

       Name                   Address                               Date of Birth
SECTION 3 To be completed by Companies or Partnerships
____________________________________________________________________________________

(a)    Name of Business or Partnership

____________________________________________________________________________________

(b)    Address of Principal Registered Office                       Telephone Number


____________________________________________________________________________________

(c)    Names, private addresses and dates of birth of all Directors, all partners or of other person
       responsible for the day to day management of the business

       Name(s)                Private Address(s)             Date(s) of Birth


_______________________________________________________________________________

(d)    Details of employee or agent appointed to carry out day to day management of the street trading

       Name           Address                Date of Birth          Telephone Number


_______________________________________________________________________________

NB ALL EMPLOYEES OR AGENTS ACTING AS STREET TRADERS REQUIRE INDIVIDUALLY A
STREET TRADER'S LICENCE
_______________________________________________________________________________
SECTION 4 AREA OF TRADE
_______________________________________________________________________________

(a)    State precisely the locality by reference to street names or a sketch map if necessary in which it is
       proposed to act as a Street Trader (or if existing trader in which you currently act)

(b)    Do you propose to trade from particular locations(s)?                YES/NO

       If YES, and if the location is not on the carriageway of any street, are you the owner of the site(s)?
       If you are not the owner of the site(s) a letter of consent from the owner must accompany this
       application.

_______________________________________________________________________________
SECTION 5 HOURS
_______________________________________________________________________________

Please give details of the days of the week and the hours during each day:
       MONDAY
                                                    between ............. am and ……………....pm
       TUESDAY
                                                    between ............. am and ……………....pm
       WEDNESDAY
                                                    between ............. am and ……………....pm
       THURSDAY
                                                    between ............. am and ……………....pm
       FRIDAY
                                                    between ............. am and ……………....pm
       SATURDAY
                                                    between ............. am and ……………....pm

Please also state the period during which it is proposed to act as a Street Trader (i.e. all year or specify
months etc.)
SECTION 6: GOODS AND SERVICES OF TRADE
_______________________________________________________________________________

State nature of goods/services in which it is proposed to trade

_______________________________________________________________________________
SECTION 7: STORAGE OF GOODS
_______________________________________________________________________________

State the address of the premises at which the goods will be stored when not being offered for sale

_______________________________________________________________________________
SECTION 8: DETAILS OF VEHICLE, STALL OR KIOSK
_______________________________________________________________________________

State type and registration number of vehicle or describe and give dimensions of structure or, kiosk,
movable stall or receptacle to be used in connection with street trading.

_______________________________________________________________________________
SECTION 9: PREVIOUS LICENCES
_______________________________________________________________________________

(a)       Have you previously held or do you currently hold a licence or permit for street trading?

          YES/NO . If yes please complete the following:

   Date licence/ Permit Granted                                     Expiry date                              Issuing Local Authoirty


_______________________________________________________________________________
SECTION 10: PREVIOUS LICENCE REFUSED
_______________________________________________________________________________
(a)   Have you ever applied for and been refused a licence/permit for street trading? YES/NO

If YES, when were you refused?     (b) Which authority refused you a licence/permit?
____________________________________________________________________________________
                             RELATIONSHIP TO COUNCILLOR OR COMHAIRLE OFFICER
Are you or your partner a relative or partner of a Councillor or Comhairle Officer? Yes / No*

If yes, please state the name of the relation, the position held in the Comhairle, and explain the
relationship?




Please note: A “relation” for the purposes of this document is a spouse, partner, child, sister, brother, parent, or
parent-in-law of a Member or Officer. In this context „Officer‟ shall mean an Officer who is salaried at Assistant
Director level or above or any officer directly involved in the decision-making process.
Note: This will not affect the outcome of your application but may require the relevant Committee or Sub Committee to
consider your application.
____________________________________________________________________________________
I declare that the particulars given in this form are correct and I hereby make application for a Street
Trader's Licence. I enclose the appropriate fee.


Signature .....................................................................   Date ................................................

Please return this form not less that 28 days before the proposed commencement date of the licence
together with the appropriate fee and Certificate of Compliance where appropriate.
* Delete as appropriate.
                                                 COMHAIRLE NAN EILEAN SIAR

                                         CIVIC GOVERNMENT (SCOTLAND) ACT 1982
                                               STREET TRADERS' LICENSING

                        APPLICATION FOR CERTIFICATE OF COMPLIANCE WITH REGULATIONS
                       MADE UNDER THE FOOD SAFETY ACT 1990 (& FOOD HYGIENE (SCOTLAND)
                                             REGULATIONS 2006)

When you have completed this form please sent it to the Director for Social & Community Services,
Comhairle Nan Eilean Siar, Sandwick Road, Stornoway, HS2 2BW or Balivanich, Benbecula, HS7 5LA at
least 10 days before you require your Certificate of Compliance along with the appropriate fee (see para 6
on page 1 of the Notes).
____________________________________________________________________________________
SECTION 1: DETAILS OF APPLICANT
________________________________________________________________________________

(a)    Surname                                Christian or Forename(s)

       Mr/Mrs/Miss/Ms*

________________________________________________________________________________

(b)   Home Address
________________________________________________________________________________

(c)   Telephone Number
________________________________________________________________________________
SECTION 2: DETAILS OF BUSINESS
________________________________________________________________________________

(a)    List food to be sold which is not in impervious containers such as cans, jars or bottles

________________________________________________________________________________

(b)    Address of premises where food or other goods will be stored when not offered for sale

________________________________________________________________________________

(c)    Give details of refrigerated facilities available for storage of perishable food:

       In Vehicle:

       In Other Premises:

________________________________________________________________________________

(d)    Address where utensils and equipment used in the food business will be cleaned
________________________________________________________________________________
SECTION 3: DETAILS OF VEHICLE OR STALL
________________________________________________________________________________

Give the following details of any vehicle or stall to be used for street trading

Address where stall/vehicle is garaged:


________________________________________________________________________________

(a)       Stall

      Description of Stall
________________________________________________________________________________

(b)       Vehicle

          Type of Vehicle

          Registration Number of Vehicle

________________________________________________________________________________

State when you can bring the vehicle to the Comhairle Offices at Stornoway, Tarbert, Balivanich or
Castlebay for inspection.

Date .......................................                    Time ............................................... (am/pm)

________________________________________________________________________________

I declare that the particulars given on this form are correct and I hereby make application for a Certificate
of Compliance to operate as a street trader using the vehicle or stall* specified in the form and that I have
read the Food Hygiene and other requirements for mobile shops, kiosks, stalls etc. attached. I enclose
the appropriate fee.




Signature ...............................................................................    Date ...................................

* Delete as appropriate.

If you want advice on this matter please write, telephone or visit us at one of the following addresses or
telephone numbers. We shall be pleased to help you in any way.

FOR LEWIS AND HARRIS                                                       OR UIST AND BARRA
Social and Community Services Department                                   Social and Community Services Department
Comhairle Nan Eilean Siar                                                  Comhairle Nan Eilean Siar
STORNOWAY                                                                  BALIVANICH
Stornoway 01851 709396                                                     Balivanich 01870 60 2425 Ext 826

				
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