Guidance for Market Operator's

Guidance on Applying for a Market Operator's Licence

Before lodging your application for Market Operator's Licence please ensure that you have read the following guidance.

What is a Market Operator's Licence Require For?

Within the Glasgow City Council boundary a Market Operator's Licence is required for carrying on a private market.

A "Private Market" is defined for the purposes of a Market Operator's Licence as a market, whether covered or not, carried on by any person other than a local or public authority at which goods are offered by more than one seller for sale by retail to the public. A Market Operator's Licence is not required for carrying on either of the following:

• functions held by charitable, religious, youth, recreational, community, political or similar organisations;
• markets held only for the sale of livestock, fodder or grain.

Who Should Apply?

The individual, company or organisation carrying on the private market should apply for a licence using the application form for Market Operator's Licence.

If a company or organisation applies for a licence they must provide details of an individual who will be responsible for the day to day management of the premises. An individual applying for a licence who does not intend to be responsible for the day to day management of the premises must name another individual as their day to day manager.

Potential applicants are advised to take their own independent legal advice if they are in any doubt as to who should be detailed on their application. In particular applicants should note that a day to day manager will be considered a joint licence holder and, should that manager leave during the currency of a licence, there will be implications for the licence.

What are the minimum requirements for applying?

Before you can apply for a Market Operator's Licence you must meet these minimum requirements:

• Any individual named on the application form must be at least 18 years or age; and
• Any individual named as day to day manager must be able to work legally in the UK

Are there different types of application?

Depending on your circumstances you can apply for one of three types of application.

If you do not currently hold a licence with this Council you can apply for the following:

• Grant
  If you do not currently hold a licence you can make a Grant application. This type of licence lasts for three years. You will not be licensed to carry on a private market until the licence is granted.
• Temporary
  You can apply for a temporary licence that lasts for a period of no more than 6 weeks. You will not be licensed to carry on a private market until the licence is granted. If you currently hold a licence with this Council you can apply to renew the licence before it expires.
• Renewal
  Your renewal application must be lodged no later than the expiry date of your current licence. You cannot submit your renewal application more that six months before the expiry of the licence. As long as your renewal is lodged before the expiry of your current licence you can continue to operate whilst the application is being considered. If you forget to renew your licence or are unable to do so due to unforeseen circumstances you should contact the Licensing Section as soon as you become aware your licence has expired.

How do you apply? 

Email your completed application to Licensing Section along with any supporting documentation which will be checked by a member of the Licensing Team. If your application is incomplete you will be contacted by email to resolve the issue.  Please check your spam/junk folder. Please do not display the note you are also required to pay the application fee (see section 6 below) by BACS transfer to the following account:

Account Name: Glasgow City Council - Licensing
Account No. 00116224
Sort Code: 83-44-00
Reference: [your name] [if renewal your licence number] .

How much is the application fee?

The current application fees are detailed below; the amount you pay is dependent on the duration. The fee is payable when the application is lodged and is non-refundable.

The fees given are correct as of 1 April 2024.  Fees are reviewed don 1 April each year and my change.

A list of the fees and charges levied by the Council's Licensing Section can be found on our website.

How will the Application be processed?

A 28 day consultation period begins when your application is formally lodged. For grant or renewal applications, any person can object to your application during the consultation period. For temporary applications, only the statutory consultees can provide comment.

For grant or renewal applications, a member of the licensing team will email your receipt once your application has been formally lodged and will advise you to display the relevant site notice at or near the premises for a period of 21 days. (Please do not display the site notice until you have been advised to do so). If the notice is taken down or defaced you must take steps to immediately replace the notice. At the end of the 21 days you should remove the notice and return the relevant Certificate or Compliance to the Licensing Section at LicensingEnquiries@glasgow.gov.uk to confirm the notice was displayed correctly. If you do not follow this part of the process, you may be required to redisplay your notice for a further period. Applicants for temporary licences are not required to display the site notice. During the consultation period your application will be sent to the following:

• Police Scotland
  The Police may object or make a representation to the application if they do not consider you or anyone else named on the application to be a 'fit and proper person' to hold a licence.The Police may also charge you with an offence if you have made a false statement on your application form or failed to declare convictions.
• Scottish Fire and Rescue Scottish
  Scottish Fire and Rescue will arrange to review the proposals and provide Environment Health Building Control the Licensing section with a report.
• Environment Health 
  The council's Environmental Health team will arrange to review the proposals and provide the Licensing section with a report.
• Building Control
  The council's Building Control team will arrange to review the proposals and provide the Licensing section with a report.
• Local Councillors  and Community Council
  A notice of the application will be sent to the local Councillors and Community Community Council Council for the premises. The notice will provide details of the application and advise them of the last date for making an objection or representation.

Once the 28 day consultation period is complete, we will review your application.

If no adverse comments have been received, your certificate of compliance confirming display of the site notice has been returned and there are no other issues with your application, then it will be considered 'straightforward' and placed on a list of applications to be granted. We will then contact you, in writing, once the application has been granted.

If there is a problem with the application such as a police objection or adverse Environmental Health report we will refer the application to a meeting of the Licensing and Regulatory Committee for a decision. If this happens you will receive an email requesting your attendance at the meeting and explaining the reasons why your application is being called before Committee. Although you are not legally required to attend it is recommended that you do so. We will contact you, by email, after the meeting to advise you of the Committee's decision.

Applications for temporary licences are processed in a similar manner with the following differences:

• the consultation period can be less than 28 days;
• members of the public cannot object or make representation to the application; and
• there is no requirement to display a public notice at the premises.

How long will it take?

The Council is allowed nine months to consider your application but we aim to deal with all applications as soon as possible. It normally takes about 3 to 4 months to deal with most applications. Applications which are not straightforward (e.g. Police Scotland object to the application) have to be referred to the Licensing and Regulatory Committee and normally take 4 to 6 months to process. This is due to the volume of applications that the Committee can consider at each meeting.

What happens after my application is granted?

You will receive a letter advising that your application has been granted. The letter will include your licence and explain any conditions or requirements you are subject to - for example the licence may have been granted subject to your compliance with Environmental Health conditions.

What happens if my application is refused?

You will receive an email advising that your application has been refused. You have the right to appeal the decision at Glasgow Sheriff Court (unless your application was for a temporary licence). An applicant wishing to appeal normally requires to first obtain a written Statement of Reasons for the decision. This can be obtained by emailing the Licensing Section at LicensingEnquiries@glasgow.gov.uk within 28 days of the decision. The Council will give written reasons for its decision within 10 days of being requested to do so.

The Council cannot provide guidance on making an appeal; if guidance is required you should consider taking your own independent legal advice or, alternatively, you can contact the Sheriff Clerk at Glasgow Sheriff Court, 1 Carlton Place, Glasgow, G5 9DA.

Are there conditions attached to the Licence?

There are standard conditions attached to all Market Operator's Licences. A copy of these conditions is provided with this guidance. As a licence holder you will be expected to comply with every condition. Failure to do so could result in the Council suspending your licence.

Links

• Market Operator's Licence Conditions

Frequently Asked Questions (FAQs)

• Am I guaranteed to be refused because i have certain convictions?
  No. The fact that you have certain convictions does not prevent you applying nor does it guarantee that you will be refused. Every application is considered on its own merit.
• My licence expires ona weekend or public holiday, what should I do?
  Your licence ceases to have effect unless you lodge a renewal application on or before the expiry date shown on your licence. This applies even if the expiry date shown on the licence is a weekend or a public holiday such as 31 December. If you find yourself in this situation, ensure you email your application at least one month before its expiry and at the latest, on the last working day prior to the licence expiry.

Further Information

If you have any further questions about the application process the Council's Licensing Team will be happy to assist you. Please note that whilst the Licensing Team can provide guidance, the team cannot offer you legal advice. You can contact us by phone on 0141 287 5354 or by Email.