Licence

Market operators licence (Scotland)

You need a market operators licence if you run a private market (including car boot sales, craft fairs and fêtes) in Scotland

Scotland Issued by your council

What this covers

EventsRetail: manufacturing and wholesaleStreet trading and markets

Why you need it

Parliament created it. The power to require it comes from Civic Government (Scotland) Act 1982.

What the Act carries

What our graph holds for Civic Government (Scotland) Act 1982 as a whole — the Act behind this licence, not the licence conditions themselves.

Duties on businesses
67
Penalties
48
Exemptions
20

Duties on businesses under the Act

  • Obtain a licence to operate a sex shop Schedule 2
  • Obstructing licensing inspections or failing to produce records s.5
  • Obstruct or refuse a search of unlicensed premises s.6
  • Operate without a required civic licence or breach licence conditions s.7
  • Fail to return taxi or private hire licence and plates after sale s.10
  • Present taxi or private hire vehicle for inspection and testing s.11

… and 61 more business duties in the same Act.

What happens if you get it wrong

  • Create, distribute, or advertise indecent images of children 10 years imprisonment
  • Display, publish, or distribute obscene material 5 years imprisonment
  • Operate without a required civic licence or breach licence conditions 2 years imprisonment
  • Personal liability for partners in knife-dealing offences 2 years imprisonment
  • Possession of extreme pornographic images 3 years imprisonment

… and 43 more penalties in the same Act.

Exemptions that may take you outside it

  • Classified video works exempt from extreme pornography laws — The image is all or part of a work with a valid classification certificate (e.g., BBFC) and has not been …
  • Compliance with police directions under Public Order Act overrides local orders — Acting in conformity with directions from police under section 12 of the Public Order Act 1986 that conflict with local …
  • Evidentiary protection for child photography exceptions — Evidence is produced to show a legal exception applies under section 52B
  • Exemption for personal effects and legal evidence when in police custody — Property consists of personal clothing and effects, is suspected to be unlawfully possessed, or is required as evidence in criminal …
  • Exemptions for specialised, long-term, and cross-border vehicle hire — Vehicle used for weddings/funerals, exclusive hire for 24+ hours, or pre-booked cross-border journeys

… and 15 more exemptions in the same Act.

Read our full dossier on Civic Government (Scotland) Act 1982

Who issues it

Your local council issues this. Councils apply the same statute but set their own fees, conditions and timescales.

Where to apply

Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.