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Market operator licence
Please note that at the moment, council offices are closed and officers are working from home due to coronavirus. There may be a delay in processing paper application. Find out more about changes to licensing services.
A market operator licence is required for the carrying on a private market.
A "private market" means 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. It includes car boot sales within Aberdeenshire that are not for charitable purposes.
We may impose conditions on the licence, including conditions fixing the days and hours of opening; the provision of adequate toilet facilities, the layout of the site or premises on which the market is to be held; and the maintenance of order and public safety. You will not need a Market Operator's Licence if the market relates to a function held by charitable, religious, youth, recreational, community, political or other organisations; or, for markets held only for the sale of livestock, fodder or grain.
Before you apply
You must obtain the prior, written consent of the landowner to operate the market.
You may also require permission under planning legislation to operate the market.
We may ask you to provide a layout plan of the market, which must be drawn to scale. We will do this, if we think it appropriate, once you have lodged your application with us.
More information can be found in the following documents:
- E-Coli guidance notes (pdf 143KB)
- Standard conditions (pdf 52.4KB)
- Appendix 1 to licence conditions (pdf 75KB)
- Fire safety assessment questionnaire (pdf 246KB)
- Risk assessment guide (pdf 135KB)
- Health and Safety law (pdf 33KB)
You must be a fit and proper person and not be disqualified from holding a licence.
You must not have had an application refused for the same licence within the 12 months prior to making your application, unless you have had a material change in circumstances.
The fee for a market operator licence is £220. The fee must be paid at the same time the application for the licence is lodged with us otherwise we won't be able to progress it. The fee is non-refundable. Cheques or postal orders should be made payable to ‘Aberdeenshire Council’. You can also pay by visiting the relevant service point. Unfortunately we are unable to accept payment by BACs.
How to apply
You can apply for a market operator licence to be granted or renewed in paper or online.
Apply in paper
To apply in paper complete market operator application form (pdf 220KB). Send your completed application to:
Legal and Governance
You can apply for a market operator licence online on GOV.UK website, however we may require to request additional information to supplement the Scottish system.
Displaying a site notice
At the same time as lodging your application for a licence, you must display the appropriate site notice (pdf 104KB), at the location from which your business is to operate, for a period of 21 days.
Thereafter, you must submit a certificate of compliance (pdf 29KB) to us, stating that the site notice was correctly displayed, or explaining why you were unable to display the site notice.
Failure to provide the necessary information and documentation, or the application fee, will result in the inability to further process the application.
Full approval will not be granted until the required information and documentation has been provided, examined and deemed satisfactory, and the application has been fully processed.
You are not permitted to operate a business as a market operator, until such time as a market operator licence has been issued to you.
We will send a copy of your application to the Police, the Firemaster, Planning Services, Building Services, and Environmental Health (our consultees). In the absence of objections or adverse representations, your licence will be issued to you under delegated authority.
Where objections or adverse representations are made, your application will be referred to the appropriate Committee of Aberdeenshire Council for consideration.
Duration of the licence
If granted, your licence will come into effect on the date specified on the licence. Licences are normally granted for 3 years, unless a shorter period is specified.