Licence - Second Hand Dealers
The Council would prefer applicants to apply, register or give notification online if at all possible. It will remain possible, however, to arrange for the Licensing Administrator to send you the application/registration form you require or for you to collect forms at the Council's main office at Kilncraigs. You can also download a PDF of the form on the Licensing Application Forms page and lodge the completed form with the appropriate fee and necessary supporting documents with the Licensing Administrator by post or by calling at Kilncraigs.
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 Clackmannanshire Council
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
A summary of the regulation relating to this licence
Application Evaluation Process
A licence fee is payable.
Applications must:
- be in writing (including submission by electronic means)
- be signed by the applicant (including signature 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
- be advertised in a newspaper specified by Clackmannanshire Council no later than 7 days after the date of application
- be advertised on or near the premises for a period of 21 days commencing on the date of the application (where appropriate)
Conditions requiring you to keep records of your stock-in-trade, may be attached.
Clackmannanshire Council 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
If the work is to be carried out mainly or wholly in premises, the application must also contain either of the following:
- A certificate addressed to Clackmannanshire Council stating that this requirement has been complied with.
- A declaration that you do not have rights in the premises that enable you to put up a notice, and detailing the reasonable steps that you have made to acquire those rights.
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 Clackmannanshire Council within 6 months of receipt of a completed application
Apply Online
Application for a Application to run a second hand dealership
Supply a certificate of compliance
Application to change a second hand dealers registration
Application to surrender a second hand dealers registration
Failed Application Redress
Please contact the Licensing Administrator in the first instance:
Within 28 days of the date of the decision to refuse their application, the applicant may require the Council to give the reasons for their decision.
The applicant may appeal to the sheriff court at Alloa 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 Council
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 Licensing Administrator in the first instance:
If the Council 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 to the sheriff court at Alloa within 28 days of being notified, as long as they have already followed any available procedure in terms of stating their case to the Council.
The appeal will only be successful if the sheriff considers that the Council, 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 the sheriff'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 21 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
The chief constable of Central Scotland Police, or anyone who has made a relevant objection or representation regarding the licence, may appeal against a decision to the sheriff court at Alloa within 28 days of being notified, as long as they have already followed any available procedure in terms of stating their case to the Council
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 appeal will only be successful if the sheriff considers that the Council, 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
Page & Site Tools
Contact information
For further information about this page please contact:
Licensing Administrator, Community and Regulatory
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: +44 (0)1259 452093 / 450000
Email: licensing@clacks.gov.uk
