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Second-hand Dealer's Licence
Licence summary
To sell goods second-hand, including at auction where you are selling goods on your own behalf, you need a second-hand dealer's licence from the local authority.
Eligibility Criteria
You must not be disqualified from holding a licence, and you must be fit to be the holder of the licence.
The premises or 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 second-hand dealer's licence is not required for:
- a pawnbroker
- a business as a wholesale dealer purchasing exclusively from licensed second-hand dealers
- a charity entered in the Scottish Charity Register
- a dealer in second-hand goods or articles incidental to another business which is not being a dealer in such goods or articles
- a business either of financing the acquisition of goods by means of hire-purchase agreements, conditional sale agreements or credit sale agreements or of financing the use of goods by means of hiring agreements
Regulation Summary
Civic Government (Scotland) Act 1982 (c. 45)
Application Evaluation Process
You must not be disqualified from holding a licence, and you must be fit to be the holder of the licence.
The premises or 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.
Will Tacit Consent Apply?
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 below.
Apply Online
You are now able to apply for this service using the ELMS portal system supplied by the UK Government's Department for Business Innovation and Skills. Please click on the link, on the right, if you wish to use this facility.
Failed Application Redress
Please contact the local authority in the first instance.
Within 28 days of the date of the decision to refuse their application, the applicant may require the licence authority to give the reasons for their decision.
The applicant may appeal to the sheriff against the decision, within 28 days of the decision, as long as they have already followed any available procedure in terms of stating their case to the local authority.
The appeal will only be successful if the sheriff considers that the local authority, in making their decision, had:
- erred in law
- based their decision on an incorrect material fact
- acted contrary to natural justice
- exercised their discretion in an unreasonable manner
The applicant may then appeal on a point of law from the sheriff's decision to the Court of Session within 28 days from the date of the sheriff’s decision.
Licence Holder Redress
Please contact the local authority in the first instance.
If the local authority decides to suspend a licence, not to renew a licence, or not to consent to material changes to the premises or vehicle used in the course of a licence holder's work, the licence holder may appeal against the decision within 28 days of being notified, as long as they have already followed any available procedure in terms of stating their case to the local authority.
The appeal will only be successful if the Sheriff considers that the local authority, in making their decision, had:
- erred in law
- based their decision on an incorrect material fact
- acted contrary to natural justice
- exercised their discretion in an unreasonable manner
The licence holder may then appeal on a point of law from theSsheriff's decision to the Court of Session within 28 days from the date of the sheriff’s 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, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.
Other Redress
Objections or representations relating to a licence application may be made in writing to the local authority, within 28 days of notice of the licence application being given, stating:
- the grounds of the objection or nature of the representation
- the name and address of the person making the representation
A chief constable, or anyone who has made a relevant objection or representation regarding the licence, may appeal against a decision within 28 days of being notified, as long as they have already followed any available procedure in terms of stating their case to the local authority.
The appeal will only be successful if the sheriff considers that the local authority, in making their decision, had:
- erred in law
- based their decision on an incorrect material fact
- acted contrary to natural justice
- exercised their discretion in an unreasonable manner
Trade Associations
None.
Contact
If you require further information please Contact Us.
