Licensing Services
Second-hand Dealers 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
Please contact South Ayrshire Council using the contact details below in the first
instance.
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.
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
Town Buildings
29 New Bridge Street
Ayr KA7 1JX
Tel: 01292 617682
Trade Associations
Not applicable