Street Trader's Licence
To operate as a street trader within the Moray area you will need a licence from us.
All employees or agents acting as street traders require an individual Street Traders Licence if trading in a public place.
You must notify us of any material change in your circumstances.
Eligibility Criteria
A licence is required for each individual (including employees) engaged in trading.
You must not be disqualified from holding a licence, and you must be fit to be the holder of the licence.
The vehicle you use in order to carry out the work must be suitable for that purpose.
You must not have applied for the same licence within the last year, unless there has been a material change in your circumstances since your last application.
A Street Trading licence is not required for:
- the sale of newspapers only
- the sale of milk by or on behalf of a person registered under the Food Safety Act 1990
- the sale of coal or fuel derived from coal or coke
- any activity for which a certificate under the Pedlar's Act 1871 has been granted
- any activity for which a more specific licence is required
- organising or participating in a public charitable collection, which has been granted permission under subsection (16) of section 119 of the Civic Government (Scotland) Act 1982
PLEASE READ IMPORTANT INFORMATION BELOW BEFORE APPLYING:
- Street Trader - Reminder of the parameters (DOCX)
- HSW Street Trader National Standards 2023 (PDF)
- Mobile Traders Food Hygiene National Standard (PDF)
- Conditions attached to licence (PDF)
Please note: additional and/or alternate checks may also be required depending on the type of business you are carrying out.
Application for a new licence
To apply online or to notify us of a change to a licence please see links in the Online Services box at the bottom of this page.
Please allow a minimum of 28 days for us to process and issue the licence; whilst the law allows us 9 months to make a decision, we make every effort to issue as quickly as possible.
Read our Guidance Notes (PDF) for more information before completing an application form
Renewal of a licence
Renewal application form and guidance notes
Please note it is the licence holders responsibility to be aware of the expiration date of their licence and make a full renewal applicationa minimum of 30 days before their existing licence expires.
Failure to apply in a timely manner could result in requiring a new grant application which may be a higher cost to the applicant.
Procedure
Applications must:
- be in writing (including by electronic means) and be signed by the applicant (including by electronic means)
- contain the applicant's name and address, and those of any employee who will manage the activity on a day-to-day basis, and the area in which the activity is to be carried out
We will:
- send a copy of the application to the chief constable
- keep a register of applications in which they will enter the details of the receipt of the application, their final decision and reasons for the decision, the details of the terms of each licence granted and a note of any suspension, variation of the terms, or surrender, of a licence
The register must be available for inspection by any member of the public at reasonable times and places and any member of the public must be permitted to make a copy of it.
Where we fail to make a decision within nine months of the application, the licence is held to be granted or renewed.
Sale of Food - Certificate of Compliance
Any street trader selling food in Moray must hold a Certificate of Compliance for each vehicle or unit. This certificate is issued by the Local Authority area where the vehicle or unit is normally kept.
You can apply for a Certificate of Compliance here
If this is a new food business, under Food Law you will additionally be required to register the food business with Environmental Health (must be completed 28 days before trading begins)
Your vehicle or unit must comply with the Mobile Traders Food Hygiene National Standard, which sets out the requirements for food safety and hygiene for mobile traders.
Wheeled Bin Cleaning
Street traders dealing in wheeled bin cleaning must apply to SEPA for registration as a waste carrier and contact Scottish Water to agree disposal arrangements for water.
Planning Permission
Applicants should contact the planning department to check the need for planning consent.
Please complete the Non-domestic Development Enquiry
For all planning enquiries, please contact the planning team directly: Development.control@moray.gov.uk
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 Moray Council by the end of the target completion period. Under legislation, the target completion period is 9 months from the date of receipt of a full and valid application. Moray Council licensing team will notify you if you are approaching the Tacit Consent period.