Democracy Spraffa

Street Trader Report 7th Ocotber

North Ayrshire Council · 7 October 2026
Back to Licensing Committee — 7 October 2026 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

NORTH AYRSHIRE COUNCIL 
7 October 2026
Licensing Committee
Title: Review of Standard Conditions Applying to Street Trader
Licences
Purpose:
To report back following the Committee's decision of 12 August
2026, advise on the further consideration and internal consultation
undertaken, and seek approval of revised standard conditions
applying to Street Trader Licences.
Recommendation:
It is recommended that the Licensing Committee:
(1)  notes the report considered on 12 August 2026 and the Committee's
decision to continue the matter to allow further consideration of the
proposed conditions and further internal discussions;
(2)  notes the further consideration undertaken and that Roads has
reviewed the revised road-safety and location provisions and has no
objection to them;
(3)  agrees that no further general public consultation is required before
the revised conditions are determined and that the uncompleted
consultation instruction of 2 June 2021 is superseded;
(4)  determines under section 3B of the Civic Government (Scotland) Act
1982 the amendments reflected in the consolidated conditions at
Appendix 1;
(5)  authorises the Depute Clerk to make minor non-substantive
corrections before publication and instructs officers to publish the
conditions, update the Council's website, forms, guidance and decision
templates, and apply them to grants and renewals determined on or
after publication; and
(6)  notes that publication will not of itself vary existing licences and
instructs the Head of Democratic Services to monitor operation of the
revised conditions for 12 months and report back if material operational
issues or further amendments are identified.
1. Executive Summary
1.1 On 12 August 2026, the Committee considered a report on the operation of the present
20-minute movement condition and proposed amendments to the standard conditions
applying to Street Trader Licences. The Committee unanimously continued consideration
to a future meeting to allow further consideration of the proposed conditions and further
internal discussions to take place.
1.2 Further consideration has now been completed. The final proposal retains the 20-minute
period as the default for itinerant traders but introduces an Extended Stop Endorsement
allowing up to 60 minutes for ready-for-sale food and up to 120 minutes where significant
on-site preparation or cooking reasonably requires it.
1.3 The final draft also retains the existing requirement to move at least 200 metres, applies a
three-hour return restriction after a stop exceeding 20 minutes, clarifies when the
occupation period begins and ends, and closes practical avoidance routes. 
1.4 North Ayrshire Council Roads Service has reviewed the revised road-safety and location
provisions and has confirmed that it has no objection. The final consolidated conditions
are attached at Appendix 1 for determination and publication.

Page 2

2. Background
2.1 Street trading in a public place is licensed under section 39 of the Civic Government
(Scotland) Act 1982. A public place may be privately owned where the public have
unrestricted access. A Street Trader Licence does not confer planning permission, Roads
Authority consent, parking rights, permission to use Council land or permission from the
owner or lawful occupier.
2.2 Section 3B of the 1982 Act permits the Licensing Authority to determine and publish
standard conditions, including different conditions for different licences, licence types,
purposes, circumstances or cases. On grant or renewal, paragraph 5 of Schedule 1
permits a standard condition to be varied or disapplied where the circumstances justify it.
2.3 The August report proposed replacing the present 20-minute limit with a single maximum
occupation period of 90 minutes. It also proposed a requirement to move at least 200
metres and a three-hour restriction on return where the previous stop exceeded 20
minutes.
2.4 The Committee did not determine those conditions. The Committee unanimously agreed
to continue consideration of the report to allow further consideration of the proposed
conditions and further internal discussions to take place.
2.5 The application history summarised in the August report shows that Committee has
previously authorised periods of 60, 90 and 120 minutes in individual cases, together with
a longer site-specific Saturday permission. That experience supports replacing repeated
ad hoc departures with a structured standard route while retaining individual assessment.
2.6 On 2 June 2021, the Committee initiated a wider review of the Street Trader Policy and
Licence Conditions, authorised consultation on a discussion draft and continued the
matter. No subsequent published decision adopting replacement conditions has been
identified. The present proposal is narrower, is based on intervening casework and current
operational evidence, and supersedes that unfinished exercise.
3. Further Consideration and Final Proposal
3.1 The further review concluded that a universal 90-minute period would be unnecessarily
broad. It would permit every itinerant trader to occupy any otherwise lawful location for 90
minutes, regardless of the trader's actual operating method or need. The final proposal
instead preserves the established 20-minute default and provides a defined endorsement
route for businesses that reasonably require longer.
3.2 For food prepared before arrival and ready for immediate sale or service, an Extended
Stop Endorsement may permit a period of up to 60 consecutive minutes. Limited
packaging, portioning, condiments, drinks preparation and maintaining a safe serving
temperature are permitted, but cooking, baking, frying, grilling or reheating at the location
would not fall within this category.
3.3 Where significant preparation or cooking takes place at the location, an endorsement may
permit up to 120 consecutive minutes. The period must be reasonably required by the
declared equipment and process, including any necessary heat-up, preparation, cooking,
service, cleaning and departure.
3.4 An endorsement will state the exact maximum period considered reasonably necessary
and will be assessed on its individual merits. It relates to the approved trading method and
trading unit, but does not create a fixed stance or remove the need for any separate
permission or consent.
3.5 The applicable period begins when the trading unit first stops, parks or is placed at the
intended trading place and ends only when the licensed activity has ceased and the unit
and all ancillary equipment have been removed. It includes setup, equipment heat-up,

Page 3

preparation, waiting, taking and fulfilling orders, service, cleaning, dismantling, clearing
and departure.
3.6 The period is not paused or reset by an absence of customers, a temporary cessation of
trading, a staff break, repositioning at the place or movement of less than 200 metres. The
trader must next move at least 200 metres. If the occupation exceeded 20 minutes, the
trader may not return to the vacated place, or anywhere less than 200 metres from it, for
three hours after vacation.
3.7 Distance is measured in a straight line between the nearest edges of the areas occupied.
A narrow exception applies where sudden breakdown, collision, medical emergency,
unsafe road condition or an official direction prevents safe or lawful movement. Trading
must cease and supporting evidence must be retained.
3.8 Condition C.1, concerning trading within 50 metres of premises supplying the same or
similar goods or services, and its individual exemption procedure are carried forward
unchanged. The present review does not reopen that separate policy issue.
3.9 Condition C.2 is retained. It requires removal of refuse produced or accumulated by the
activity, an accessible customer receptacle where the stop exceeds five minutes,
prevention of unlawful refuse deposits by persons involved in the activity, and an
inspection before departure of the safely and lawfully accessible area within 25 metres.
The final duty is limited to refuse reasonably attributable to the licensed activity and is
considered proportionate to the greater localised impact that may arise from longer stops.
3.10 Condition A.11 has been revised following further consideration with Roads. It prohibits a
trading unit on or within 25 metres of a pedestrian crossing or road junction and separately
addresses visibility, crossings, school crossing patrol points, traffic signals, bends, road-
safety features and customer queues. It also makes clear that written permission from the
owner or lawful occupier is required without treating the Street Trader Licence as approval
of the use of the land.
3.11 Part C applies only where the licence authorises itinerant trading at changing locations
from a moveable trading unit. It does not apply to a static trader merely because a vehicle,
trailer, kiosk or stall is used, or while trading takes place on land and at a time covered by
a Public Entertainment Licence, Market Operator's Licence or the relevant statutory
exemption.
4. Implementation
4.1 Section 3B requires standard conditions to be published before they have effect. Subject
to approval, the revised conditions will therefore apply to Street Trader Licences granted
or renewed on or after the date of publication, subject to any case-specific variation or
disapplication.
4.2 Publication will not of itself alter licences already granted. An existing licence holder
seeking an Extended Stop Endorsement before renewal may apply to vary the licence.
Any authority-initiated in-term variation must follow paragraph 10 of Schedule 1 to the
1982 Act, including notice and an opportunity to be heard.
4.3 The Council's website, application and any subsequent material will be updated.
Applicants seeking an Extended Stop Endorsement will be required to provide sufficient
evidence and information about the goods, preparation method, equipment, operating
process and period reasonably required.
4.4 The Head of Democratic Services will monitor endorsement requests, periods granted,
complaints, observed breaches, road-safety or litter issues and administrative workload
for 12 months. A further report will be submitted only if material operational issues or a
need for amendment is identified.

Page 4

5. Implications and Socio Economic Duty
Financial
5.1 No material direct financial cost is anticipated. A structured endorsement route should
reduce repeated preparation of substantially similar Committee reports.
Human Resources
5.2 None.
Legal
5.3 The revised standard conditions are competent in principle under section 3B and Schedule
1 of the 1982 Act. They must serve proper licensing purposes, be rational, proportionate
and sufficiently certain, and be published before they have effect. Existing licences must
not be varied outside the statutory procedure.
Equality and Socio Economic
5.4 The endorsement route should assist small mobile businesses while retaining controls
addressing obstruction, accessibility, litter and local amenity. Applying the three-hour
return restriction only after a stop exceeding 20 minutes preserves flexibility for traditional
short-stop routes. No material differential disadvantage requiring a full assessment has
been identified.
Climate Change and Carbon
5.5 Longer authorised stops may reduce unnecessary short-distance vehicle movements.
Longer occupation may increase local engine or generator use, but no material strategic
climate impact has been identified.
Key Priorities
5.6 Clear and proportionate regulation supports local enterprise, accessible services and safe,
well-managed public places.
Community Wealth Building
5.7 The proposal supports local mobile businesses by providing a predictable route to an
appropriate stopping period while retaining public-safety and amenity protections.
Islands Communities Impact Assessment
5.8 The 200-metre movement requirement already applies on Arran and Cumbrae. The 20-
minute default preserves short-stop routes in compact settlements, while longer periods
remain available where justified. No significantly different island effect requiring a full
assessment has been identified.
United Nations Convention on the Rights of the Child
5.9 None.
Consumer Duty
5.10 The proposal should improve consumer access to mobile goods and services while
retaining clear protections relating to road safety, obstruction, amenity and cleanliness.
The tiered approach avoids granting longer stopping periods where there is no evidenced
operational need.
6. Consultation
6.1 The proposal has been considered by the Civic Licensing Standards Officer, Licensing
Administration, the Licensing Manager, the Depute Clerk and Roads. Those officers hold
the evidence relevant to enforcement, applications, administrative operation, legal
competence and road safety.

Page 5

6.2 Following the Committee's decision of 12 August 2026, Roads considered the revised
conditions and confirmed that it had no objection. The Roads comments are reflected
principally in A.11 and the movement provisions in Part C.
6.3 Section 3B contains no express requirement for a general public or trade consultation
before standard conditions are determined. Recent applications have already generated
representations and given Committee practical experience of the present rule. The final
proposal is more tailored than the universal 90-minute model previously presented and
retains individual consideration before a longer period is endorsed. Further general
consultation is not considered necessary or proportionate.
6.4 The Committee is asked expressly to supersede the uncompleted consultation instruction
of 2 June 2021. The present determination concerns a narrower proposal informed by
intervening casework, further internal consideration and current operational evidence.
Aileen Craig
Head of Democratic Services
For further information please contact David Grier, Licensing Solicitor and Depute Clerk, or
email Licensing@north-ayrshire.gov.uk.
Background Papers
None
Appendix
Appendix 1 - Drew Robertson, CLSO, Briefing Note - July 2026 
Appendix 2 - North Ayrshire Council’s current Street Trader Standard Conditions.
Appendix 3 - North Ayrshire Council’s proposed updated Street Trader Standard Conditions – October
2026
Appendix 4 – Licensing Application Evidence

Page 6

Appendix 1
Civic Licensing Standards Officer Briefing
BRIEFING NOTE – JULY 2026 
Submitted for the attention of David Grier, Licensing Lawyer 
Area of Licensing being reviewed – Street Traders Licence (STL) 
STREET TRADERS LICENCE 
North Ayrshire has three types of Street Traders Licences:- 
•Static – if you intend to trade at a specific site(s) for longer than 20 mins;
•Itinerant – if you intend to trade from multiple locations, remaining at one site for a maximum of 20
mins before moving on;
•Events – if you intend to trade at temporary events throughout North Ayrshire.  For example galas,
fetes, with the permission of the organiser. 
Standard Conditions C3 states the following:- 
MOVEMENT 
C3 When the licence holder parks or sets up the vehicle or stall in one location:- 
1. He may remain there for a maximum period of 20 minutes;
2. He must then move to another location at least 200 metres away. 
This period of 20 minutes includes:- 
1. Parking and setting up before trading starts; and
2. Dismantling and clearing up afterwards. 
This report  highlights the limitations of itinerant licences which is causing difficulties for  legitimate businesses
operations while generating negative press for North Ayrshire Council. 
In the 1970s an itinerant licence was built around the requirements of ice cream vans and mobile grocery
shops that visited communities and stopped at multiple locations for short periods of time. Our shopping
trends have changed with Mobile grocery vans disappearing. 
In recent times, we have seen an increase in mobile fish and chip vans, fresh fish vans and, more recently,
cake vans where owners have identified an area of business that meets their skills by bringing their products
directly to the public.  This has increased conflict with the Licensing Department and Licensing Committee
where in order to serve the public proprietors have found the 20 minute condition built in the general
conditions of an itinerant licence does not give them flexibility to take an order and make a product from
scratch.  Incorporated in that 20 minutes is setting up and dismantling where required. 
To a lesser extent Police Scotland have been advised of offenders but reluctant to take formal enforcement
action, seeing it as a Licensing matter. 
Other Ayrshire Council areas do not operate this 20 minute rule but do have other restrictions. 
It is proposed that the 20-minute rule/condition be amended to 90 minutes.

Page 7

By doing this it will reduce the number of applicants that are requesting an exemption from the above and
having to attend at a Licensing Committee to put forward their business case. 
It is also proposed that an additional restriction be added stating that the License Holder cannot return to a
location they have already visited within a 3 hour time period. 
There have been a number of License Holders attend at the Licensing Committee and all have been granted
the above exemption, generally to 2 hours. 
It will also reduce the administration required by the Licencing staff in repeatedly liaising with applicants and
preparing reports for the Licensing Committee.  And while adopting conditions that have become outdated. 
It also highlights a matter that may have to go out for public consultation as it may be a major concern to
some residents where a business has set up near to their property for an extended period and they were never
given an opportunity to raise their concerns. 
It is believed that this area of Street Traders Licenses has not been looked at in around 20 years. 
Regards
Drew Robertson
CLSO

Page 8

Appendix 2
Current Standard Street-Trader Licence Conditions
These Conditions are in three parts.
Part A applies to all Street Traders.
Part B applies to Traders who supply or sell food (Part A also applies).
Part C applies to ‘itinerant’ traders - traders using a vehicle and traders using a van or trailer to move (Parts A
and B also apply).
but
Part C does not apply to trading on land which is either:
(a) covered by a "Public Entertainment Licence" or a "Market Operator's Licence" under the Civic Government
(Scotland) Act 1982, or
(b) is exempt from holding either Licence
Part C does apply if the Licence-Holder is trading at any other time or place.
In the Licence:
"Authorised Officer of the Licensing Authority" includes a Civic Licensing Standards Officer employed by North
Ayrshire Council.
"he" and similar words are used regardless of the gender of the person.
Notes
These conditions have notes to help you.
“Street Trading” is defined by Section 39(2) of the Civic Government (Scotland) Act 1982 and means doing any
of the following things in a public place —
(a) hawking, selling or offering or exposing for sale any article
(b) offering to carry out or carrying out for money or money’s worth any service,
to any person in the public place and includes doing any of these things there in or from a vehicle or in or from
a kiosk or moveable stall not entered in the valuation roll except where it is done in conjunction with or as part
of a retail business being carried on in premises abutting the public place.
Although the Licence is called a "Street Trader's Licence", the need for it is not limited to streets. The Licence
is needed for trading in any public place.
Part A - General Conditions applying to all Street Traders
A.1. The Licence is not transferable, and the Licence-Holder is not permitted to alter, erase or deface the
Licence or badge, or to allow any other person to use them.
A.2. At all times when the Licence-Holder is trading in a public place he must:
(a) have this Licence in his possession
(b) wear the badge issued by the Licensing Authority showing that he holds this Licence, so that its details are
legible and visible to any customer; and
(c) conduct himself in a proper and civil manner and have a clean and tidy appearance.
A.3. At all times that trading in a public place takes place, the Licence-Holder must ensure that everyone
engaged in or assisting with the Licensed street trading activity:
(a) holds their own Street Trader Employee's Licences issued by the Licensing Authority; and
(b) wears the badge issued by the Licensing Authority showing that he holds that Licence, so that its details are
legible and visible to any customer
A.4. The Licence-Holder must comply with any instruction given by a Police Officer or Authorised Officer of the
Licensing Authority which the Officer considers necessary or expedient in order to prevent any obstruction of
or annoyance to the public or to the occupiers of any premises.
A.5. If requested to do so by:
(a) a Police Officer,
(b) an Authorised Officer of the Licensing Authority, or
(c) a customer,
the Licence-Holder must permit that person to inspect his badge and to take a note of the details specified on
the badge.

Page 9

A.6. If requested to do so by
(a) a Police Officer, or
(b) an Authorised Officer of the Licensing Authority,
the Licence-Holder must provide the name, address, date of birth and Street Trader Employee Licence number
of all persons who are employed (or have within the previous three months been employed) on that Licensed
vehicle, kiosk or moveable stall.
Changes of Circumstances
A.7. The Licence-Holder must hand over the Licence and badge to the Licensing Authority within three days of:
(a) ceasing to trade
(b) the Licence being suspended or revoked, or
(c) the Licence expiring without an application to renew being made.
A.8. The Licence-Holder must notify the Licensing Authority in writing within seven days if there is any
substantial change in circumstances since the application for the Licence.
Examples:
any change of address
a change in the trading name
medical conditions which affect the ability to operate as a Licence-Holder.
Criminal Offences
A.9. This applies to any offence, and not only to offences arising from the operation of the Licence. The Licence-
Holder must notify the Licensing Authority in writing within seven days if any of these things happen:
(a) if he is charged by the Police with any offence (whether or not any Court proceedings have started). He
must give this information:
the nature of the alleged offence
its date
its place
(b) Where a Court convicts, he must give this information:
the date of the conviction
the name of the Court
the fine or other penalty which was imposed
(c) If there are no Court proceedings (e.g. if the Procurator Fiscal issues a Conditional Offer, sometimes called
a 'Fiscal Fine'), the Licence-Holder must give the same information as in (b).
A.10. The Licence-Holder must have all required statutory Permissions and Consents.
Note: before you start operating, you should check with the Council's offices to see if you need Planning
Permission or Roads Authority Consent.
A.11. The Licence-Holder must not:
(a) park or place any vehicle, kiosk or stall to be used for trading on any road or pedestrian crossing, or within
10 metres from any road or pedestrian crossing
(b) park or place any vehicle, kiosk or stall to be used for trading on any land, road or premises, unless he has
first obtained written permission from the owner or lawful occupier of such land, road or premises.
Part B - Sale and supply of food
Definitions
B.1. “food” includes—
(a) drink
(b) articles and substances of no nutritional value which are used for human consumption
(c) chewing gum and other products of a like nature and use; and
(d) articles and substances used as ingredients in the preparation of food or anything falling in (a) to (c).
B.2. The Licence-Holder must not use any vehicle, kiosk or moveable stall unless a Food Authority in Scotland
has granted a Certificate that the vehicle, kiosk or moveable stall complies with statutory requirements (Civic
Government (Scotland) Act 1982, Section 39(4) and (4A)).
B.3. The Licence-Holder must not sell, supply, store, offer or expose for sale, any food unless the Council has
approved, in writing, the arrangements for the storage, preparation, handling and exposure for sale of that food.

Page 10

B.4. The Licence-Holder must maintain those approved arrangements at all times.
B.5. At all times when street trading the Licence-Holder shall wear a clean overall, keep himself/herself and the
appropriate clothing clean, ensure that any employee also maintains a high standard of cleanliness, keep and
maintain any moveable structure, kiosk, stall or vehicle in a clean and proper condition and shall ensure that
his trade equipment, utensils, fixtures and fittings are in a clean condition.
B.6. No smoking is permitted in the vehicle, kiosk or moveable stall at any time.
Part C - Itinerant Street Traders (if not at licensed "Public Entertainment" or Markets)
Exclusion Zone
C.1. The Licence-Holder must not engage in street trading within 50 metres of any establishment or premises
(this includes any land, shops, kiosks, vehicles and moveable structures) where any goods or articles are sold
or offered for sale, or services are offered, which are of the same or similar type as those sold or offered by the
Licence-Holder.
The Licence-Holder may apply to the Licensing Authority for exemption from this Condition or part of it. If the
Licensing Authority decides on the individual circumstances of each case to grant such an exemption, the
exemption will not come into effect until it has been endorsed on this Licence.
Refuse and Litter
C.2. The Licence-Holder:
(a) must collect and remove any refuse which may be produced or may accumulate from his trading (including
any refuse left by customers)
(b) If trading for longer than 5 minutes in any location, must provide an accessible litter bin or other receptacle
for use by the customers
(c) must not deposit refuse on any street, pavement, footway or other land
(d) must not allow any other person to do so.
Movement
C.3. When the Licence-Holder parks or sets-up the vehicle or stall in one location:
(a) he may remain there for a maximum period of 20 minutes
(b) he must then move to another location at least 200 metres away.
This period of 20 minutes includes:
parking and setting-up before trading starts, and
dismantling and clearing up afterwards.

Page 11

Proposed Updated Standard Street-Trader
Licence Conditions
Focused post-committee draft based on Appendix 3 presented on 12 August 2026
These Conditions are in three parts.
Part A applies to all Street Traders.
Part B applies to Street Traders who supply or sell food (Part A also applies).
Part C applies where the Licence authorises itinerant street trading from a vehicle, trailer, kiosk,
moveable stall or other moveable trading unit (Parts A and B also apply where relevant).
Part C does not apply while the Licence Holder is trading on land which is:
(a) covered at that time by a Public Entertainment Licence or Market Operator's Licence under
the Civic Government (Scotland) Act 1982; or
(b) exempt at that time from the requirement to hold either licence.
Part C applies whenever the Licence Holder is trading at any other time or place under an itinerant
licence.
Definitions
"Authorised Officer" means an officer authorised by the Licensing Authority and includes a Civic
Licensing Standards Officer employed by North Ayrshire Council.
"licensed activity" means the street trading authorised by the Licence.
"trading unit" means any vehicle, trailer, kiosk, moveable stall or other unit used for the licensed
activity, together with any associated generator, awning, sign, furniture, container or other ancillary
equipment placed outside it.
Note: "Street Trading" is defined by section 39(2) of the Civic Government (Scotland) Act 1982. A street-trader
licence may be required on privately owned land where the public have unrestricted access.
Part A — General Conditions applying to all Street Traders
A.1. The Licence is not transferable. The Licence Holder must not alter, erase or deface the Licence
or badge, or allow another person to use either of them.
A.2. At all times when trading in a public place, the Licence Holder must:
(a) have the Licence in their possession;
(b) wear the badge issued by the Licensing Authority so that its details are legible and visible to a
customer; and
(c) behave in a proper and civil manner and maintain a clean and tidy appearance.
A.3. Whenever the licensed activity is carried on, the Licence Holder must ensure that every person
engaged in or assisting with it:
(a) holds any Street Trader Employee's Licence required from that person; and
(b) wears the badge issued for that licence so that its details are legible and visible to a
customer.
A.4. The Licence Holder must comply with any instruction given by a Police Officer or Authorised
Officer which the officer considers necessary or expedient to prevent obstruction of or annoyance
to the public or to the occupiers of premises.
A.5. If requested by a Police Officer, an Authorised Officer or a customer, the Licence Holder must
permit that person to inspect the Licence Holder's badge and note the details shown on it.
Appendix 3

Page 12

A.6. If requested by a Police Officer or Authorised Officer, the Licence Holder must provide the
name, address, date of birth and Street Trader Employee Licence number of every person who is
employed, or has during the previous three months been employed, on the licensed vehicle,
kiosk or moveable stall.
Changes of circumstances
A.7. The Licence Holder must surrender the Licence and badge to the Licensing Authority within
three days of:
(a) ceasing to trade;
(b) the Licence being suspended or revoked; or
(c) the Licence expiring without an application for renewal having been made.
A.8. The Licence Holder must notify the Licensing Authority in writing within seven days of any
substantial change in circumstances since the application for the Licence, including a change of
address, trading name or a medical condition which affects the ability to operate as a Licence
Holder.
Criminal offences
A.9. This Condition applies to any offence, and not only an offence arising from the operation of the
Licence. The Licence Holder must notify the Licensing Authority in writing within seven days:
(a) if charged by the Police with an offence, giving the nature, date and place of the alleged
offence;
(b) if convicted by a Court, giving the date of conviction, the name of the Court and the fine or
other penalty imposed; or
(c) if the matter is disposed of without Court proceedings, including by a Conditional Offer, giving
the equivalent information required by (b).
Other permissions and use of land
A.10. The Licence Holder must obtain and maintain every other permission, consent or approval
required by law for the licensed activity.
Note: Grant of this Licence does not grant or imply planning permission, Roads Authority consent, permission
to park or occupy a road, permission to use Council land, or permission from an owner or lawful occupier.
Identifying and obtaining those permissions remains the Licence Holder's responsibility.
A.11. The Licence Holder must not:
(a) park or place a trading unit on a pedestrian crossing or at a road junction, or within 25 metres
of either;
(b) park or place a trading unit or ancillary equipment, or permit a customer queue connected
with the licensed activity, where it materially obstructs visibility or interferes with the safe use
or operation of a pedestrian crossing, crossing facility, school crossing patrol point, road
junction, traffic signal, bend or other road-safety feature; or
(c) park or place a trading unit on any land, road or premises unless the Licence Holder has first
obtained written permission from the owner or lawful occupier and retains that permission for
production on request by a Police Officer or Authorised Officer.
Note: Written permission may be retained electronically and need not be routinely lodged with or approved by
the Licensing Authority in advance. The Licensing Authority may require it to be produced where relevant to an
application, variation or enforcement matter. It remains the Licence Holder's responsibility to ensure that the
permission is current and sufficient for the place, times, duration and nature of the proposed trading. Grant of
the Licence or an endorsement is not confirmation that such permission exists or is sufficient.

Page 13

Part B — Sale and supply of food
Definitions
B.1. "Food" includes:
(a) drink;
(b) articles and substances of no nutritional value which are used for human consumption;
(c) chewing gum and other products of a like nature and use; and
(d) articles and substances used as ingredients in the preparation of food or anything falling
within (a) to (c).
B.2. The Licence Holder must not use any vehicle, kiosk or moveable stall unless a Food Authority in
Scotland has granted the certificate required by section 39(4) and (4A) of the Civic Government
(Scotland) Act 1982.
B.3. The Licence Holder must not sell, supply, store, offer or expose for sale any food unless the
Council has approved in writing the arrangements for its storage, preparation, handling and
exposure for sale.
B.4. The Licence Holder must maintain the approved arrangements at all times.
B.5. At all times when street trading, the Licence Holder must wear a clean overall, keep themselves
and their clothing clean, ensure every employee maintains a high standard of cleanliness, keep
every moveable structure, kiosk, stall or vehicle in a clean and proper condition, and ensure all
trade equipment, utensils, fixtures and fittings are clean.
B.6. No smoking is permitted in a vehicle, kiosk or moveable stall at any time.
Part C — Itinerant Street Traders
Note: Part C applies only where the Licence authorises itinerant trading at changing locations. It does not apply
to a static trader merely because a vehicle, trailer, kiosk or stall is used.
Exclusion zone
C.1. The Licence-Holder must not engage in street trading within 50 metres of any establishment or
premises (this includes any land, shops, kiosks, vehicles and moveable structures) where any
goods or articles are sold or offered for sale, or services are offered, which are of the same or
similar type as those sold or offered by the Licence-Holder.
The Licence-Holder may apply to the Licensing Authority for exemption from this Condition or part of
it. If the Licensing Authority decides on the individual circumstances of each case to grant such an
exemption, the exemption will not come into effect until it has been endorsed on this Licence.
Refuse and litter
C.2. The Licence Holder:
(a) must collect and remove any refuse produced or accumulated as a result of the licensed
activity, including refuse left by customers;
(b) if remaining at a location for longer than five minutes, must provide an accessible litter bin or
other receptacle for use by customers;
(c) must not deposit refuse on any street, pavement, footway or other land;
(d) must take reasonable steps to prevent any person engaged in or assisting with the licensed
activity from depositing refuse on any street, pavement, footway or other land; and
(e) immediately before leaving a location, must inspect the area within 25 metres of the trading
unit, so far as safely and lawfully accessible, and collect and remove refuse reasonably
attributable to the licensed activity.

Page 14

Movement and duration
C.3.1. Where a trading unit stops, parks or is set up at a place for the purpose of the licensed activity,
the Licence Holder must not cause or permit the trading unit, any ancillary equipment or the
licensed activity to remain at that place for longer than 20 consecutive minutes unless the
Licence bears an Extended Stop Endorsement under C.3.2.
C.3.2. An Extended Stop Endorsement may state an exact maximum period, no longer than the
Licensing Authority considers reasonably required:
(a) not exceeding 60 consecutive minutes for ready-for-sale food meeting C.3.3(a); or
(b) not exceeding 120 consecutive minutes for significant on-site food preparation or cooking
meeting C.3.3(b).
C.3.3. A longer period applies only where it is expressly endorsed on the Licence and the following
requirements remain satisfied:
(a) for a ready-for-sale food endorsement, the food has been prepared before arrival in
accordance with the arrangements approved under B.3 and is ready for immediate sale or
service on arrival, apart from packaging, portioning, adding condiments, preparing or
dispensing drinks and maintaining a safe serving temperature; no cooking, baking, frying,
grilling or reheating of food may take place at the location; or
(b) for an on-site food preparation endorsement, the Licensing Authority has accepted that
significant preparation or cooking at the location reasonably requires the endorsed period,
taking account of the declared equipment and process, including any necessary equipment or
oven heat-up, preparation, cooking, service, cleaning and departure.
Note: Any request for an Extended Stop Endorsement will be considered on its individual merits. The applicant
must provide sufficient supporting information and evidence to demonstrate that a period exceeding 20 minutes
is reasonably required and that the relevant requirements of C.3.3 are met.
C.3.4. An Extended Stop Endorsement relates to the approved trading method and trading unit and
may be used at changing locations within the geographical area in which the Licence otherwise
authorises itinerant trading. It does not create a fixed stance, require each proposed location to
be notified to or approved by the Licensing Authority in advance, or displace A.10, A.11 or any
other permission or legal requirement.
C.3.5. The applicable maximum period under C.3.1 or C.3.2:
(a) begins when the trading unit first stops, parks or is placed at the place for the purpose of the
licensed activity, including waiting at the intended trading place;
(b) ends only when the licensed activity has ceased and the trading unit and all ancillary
equipment have been removed from the place;
(c) includes parking, setting up, food or other preparation, equipment heat-up, waiting, taking and
fulfilling orders, serving customers, cleaning, dismantling, clearing and departure; and
(d) for the purposes of C.3.7 and C.3.8, a place is vacated only when the requirements of
paragraph (b) are met.
C.3.6. The applicable maximum period is not paused or reset by an absence of customers, a
temporary cessation of trading, a staff break, repositioning at the place, or movement of the
trading unit by less than 200 metres. The Licence Holder must stop taking orders in sufficient
time to comply with the applicable maximum period.
C.3.7. After vacating a place, the Licence Holder must not next stop, park or set up the trading unit
for the purpose of the licensed activity, or next carry on the licensed activity, at any place less
than 200 metres from the place vacated.
C.3.8. Where the trading unit or any ancillary equipment remained at a place, or the licensed activity
was carried on there, for longer than 20 consecutive minutes, the Licence Holder must not,
during the three hours beginning when that place was vacated, stop, park or set up a trading unit
for the purpose of the licensed activity, or carry on the licensed activity, at the place vacated or at
any other place less than 200 metres from it.

Page 15

C.3.9. A distance under this Condition is measured in a straight line on a horizontal plane from the
nearest point of the area previously occupied by the trading unit or ancillary equipment to the
nearest point of the proposed trading unit or ancillary equipment.
C.3.10. If a sudden vehicle or equipment breakdown, collision, medical emergency, unsafe road
condition or direction of a Police Officer or Authorised Officer prevents safe or lawful movement:
(a) C.3.1, C.3.7 and C.3.8 are suspended only to the extent and for the period reasonably
necessary;
(b) the Licence Holder must cease the licensed activity immediately, take all reasonable steps to
remove the trading unit and ancillary equipment as soon as it is safe and lawful, and comply
with any officer's direction; and
(c) the Licence Holder must retain reasonable evidence of the event and provide it to the
Licensing Authority on request.
Note: Ordinary queues, preparation time, cleaning, late-arriving customers and other operational delays are not
emergencies and do not extend the applicable maximum period.

Page 16

Appendix 4
Licensing Application Evidence 
Date Holder / licence Decision relevant to C.3
10 March 2021 / 9
February 2022
Bernadette McQuade, Ayrshire's Wee
Fish Van
STL/O/516 and STL/O/518
C.3 changed from 20 to 60 minutes. Initially reviewable within
one year; continued in February 2022 for the duration of the
licences and replacement renewals.
7 June 2021 / 9
March 2022
Stewart Cape and Carrie Simpson,
Seaview Coffee and Cakes
STL/O/522
60 minutes, followed by a move of at least 200 metres to a
location not traded from that day. Continued on the full
licence.
3 October 2022 Natalie Harkin
STL/O/526
C.3 changed from 20 to 60 minutes.
16 November 2022 Nicola Robinson & James Smith    t/a
Munchy Van
STL/O/528
C.3 changed from 20 to 60 minutes.
4 February 2026 Abigail Lavery 
t/a Joanna’s Chippy Van 
STL/O/536
C.3 changed from 20 to 2 hours at The Vendies, Corsehill
Mount Road, Dreghorn, Irvine KA11 4JZ, Monday to Friday
only.
29 April 2026 Christopher Walker and Ashley Burns
STL/O/564
20 to 90 minutes throughout North Ayrshire; up to three hours
on Saturdays at Dunbia Highland Meats Car Park, Saltcoats.
Review after six months. Objections were before Committee.
3 June 2026 Ellwoods Pizza Ltd
STL/O/574 Temporary
C.3 changed from 20 minutes to 2 hours
12 August 2026 Ellwoods Pizza Ltd
STL/O/574 Full
C.3 changed from 20 minutes to 2 hours
12 August 2026 Karen Ballentine t/a Bubba’s Bakes
STL/O/563
C.3 changed from 20 to 60 minutes
12 August 2026 Alexandra Broadley t/a Selkie Sweets
STL/O/567
C.3 changed from 20 to 60 minutes
Licensing Administration reports a recent increase in applications or requests concerning the 20-minute rule
and supportive public representations in recent cases.