Second-hand Dealers licence

Standard Conditions for a Second Hand Dealer Licence

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 South Ayrshire Council.

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

How to apply

The links below take you to another website which processes these applications on behalf of South Ayrshire Council

What happens next?

Before considering an application South Ayrshire Council must have received all the required supporting documentation before the application is considered lodged.

South Ayrshire Council will:

send a copy of the application to the Chief Constable
place a notice in at least one local or national newspaper which states the premises and applicant details contained in the application, that any objections or representations may be made to the Council, and how such representations should be made
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.

If the work is to be carried out mainly or wholly in premises, the application must also contain either of the following:

A declaration that you will display a notice at the premises for 21 days, which contains the details in your licence application and details on how to make representations regarding the application. This should be followed by a certificate to South Ayrshire 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.

We would expect to process your application within 183 calendar days or 131 working days. If you have not heard from us within a reasonable period, please contact us. If South Ayrshire Council fails to make a decision within six months of the application, the licence is held to be granted or renewed.

Will Tacit Consent Apply

Yes, where the local authority fails to make a decision within six months of receipt of the application, the licence is deemed to be granted or renewed.

What if I have been refused approval?

Please contact South Ayrshire Council using the contact details below in the first instance.

Within 28 days of the date of the decision to refuse their application, the applicant may require South Ayrshire Council 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 South Ayrshire Council.

The appeal will only be successful if the sheriff considers that South Ayrshire 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 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.

Consumer complaints

We would always advise that in the event of a complaint the first contact is made with the service provider 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 or you can contact us directly. From outside the UK contact the UK European Consumer Centre.

Other complaints

If you wish to complain about a licence holder then please use the contact details below.

Who to contact

Licensing Services
South Ayrshire Council
County Buildings
Wellington Square
Ayr KA7 1DR
Tel: 01292 617682

Trade Associations

Not applicable