Second-hand dealer's licence
Conditions of licence
- You must clearly display this licence at all times at the above business premises so that it can be seen by members of the public.
- You must not in any way change or damage this licence. If asked to, you must take it to your local office for them to check.
- If you change your home address, you must tell us within 14 days of the change and take your licence to your local office for them to update the details.
- You must keep a register of all the items you have bought and sold. If you buy and sell motor cars, you must also check the identity of any person selling you a vehicle and keep a record of the type of identification that the person gave you (for example, a chequebook, driving licence, passport and so on). You must give this information to our consumer and trading standards officers or any other authorised officer (or both) if asked to.
- The register you keep must be in a style we approve, and must include the following details.
- For second-hand cars
- Date and time you bought the car
- Price you paid for the car
- Make, model and registered number of the car
- Date the car was first registered
- Engine and chassis numbers
- Name and address of the seller
- Name and address of the previous owner shown in the registration document
- Mileage (both when you bought the car and when you sell it)
- Name and address of the buyer
- Date and time you sold the car
- Price you sold the car for
- Date of the most recent MOT certificate
You must also keep the following:
- A buyer’s invoice signed by both you and the seller, which sets out the mileage when you bought the car and (where appropriate) the true mileage if known
- A sales invoice signed by both you and the buyer, which sets out the mileage when you sold the car and (where appropriate) the true mileage if known
- For all other items
- Date and time you bought the items (or items)
- A full description of each item
- The name and address of the seller
- The date and time you sold the item (or items)
- Description of the item (or items) at the time you sold them
- Name and address of the buyer
- If you no longer want to work as a second-hand dealer, or if your licence has run out, you must tell your local office within seven days and take your licence to your local office. If you stop working as a second-hand dealer for more than two months of the period this licence applies to, we will consider you to have given up your licence under paragraph 13(1) of schedule 1 to the Civic Government (Scotland) Act 1982. If you fail to do this within seven days, you will be breaking these conditions.
- You must not receive or take goods as payment for a debt.
- You must not receive or take a pawn ticket issued by a pawnbroker for any item which has been pawned, or negotiate in any way with the holder of any pawn ticket (or any person acting on their behalf) to buy any item which the pawn ticket refers to.
- You must not work as a second-hand dealer in any premises which is used as a pawnbrokers, or in any premises which has access to other premises being used as a pawnbrokers.
- You must not keep (or allow to be kept) in your premises any smelting pot or equipment for smelting or changing gold, silver, lead or other materials.
- You must not give goods or items to, or take goods or items from, any person who appears to be under 16, whether that person is acting on their own behalf or on behalf of someone else.
- You must make the records mentioned above available for any police officer or any person we authorise to inspect, at all times when the premises are open for business. You must also, at all reasonable times, allow the chief constable, or any police officer, to look at all items you have or which you may have received or bought by trading.
- You must store goods and items you have bought as part of your dealing only on the premises set out in the licence or on other premises we have approved. You must keep the goods and items for the full period of 48 hours from and after the date on which they appear in your books. You must attach to each item a ticket or label with the date you bought or received the item written on it.
- You must not buy or receive as part of your trading:
- any voucher, note or other document issued by or under the authority of any public organisation, council or charity which allows a person to receive help; or
- any item of clothing issued by or on behalf of any authority or organisation and clearly marked as being issued in this way, or known by you to be issued in this way.
- If you receive any goods or items which you know, through written or printed information any police officer has given you, are stolen or fraudulently taken from someone else, you must tell the nearest police station or police officer as soon as possible that you have been offered, or you now have, these goods. You must also tell them the name and address given to you by the person who offered you these goods or who you received the goods from.
- You must keep to any conditions Scottish Fire and Rescue Service set during the period of this licence.
- Despite the conditions referred to above, you must keep to any reasonable order or instruction any police officer gives you:
- to avoid creating obstacles or annoying the public or the people living or working in nearby premises; or
- in connection with any emergency or disturbance.
- You must keep to all relevant laws including the Building (Scotland) Act 1959-1970, the Town and Country Planning (Scotland) Act, the Health and Safety at Work etc Act 1974 and any other laws in force at the time. You must make sure you do not create any conditions in the premises which may cause nuisance, as set out in the Environmental Protection Act 1990.
- You must try to keep the road around the premises free from parked cars.
The following conditions apply only to second-hand motor dealers.
- You must keep any entries you make in the register for at least three years. You should also keep the buyer’s invoice and the sales invoice for at least three years.
- The records you keep can either be:
- books with numbered pages, which you use to record all vehicles you have received, sold, dispatched or otherwise got rid of as part of your business; or
- a device used for storing and processing information, which you use to record all motor vehicles you have received, sold or otherwise got rid of as part of your business
If you keep records in line with 21a above, you must only use one book for recording details of motor vehicles you have received, sold or otherwise got rid of from the premises.
If you keep records in line with 21b above, you must keep details of all the changes you make to the records kept by the device. The device must be able to produce printed copies of all the records it stores and processes.
- You must not get rid of any motor car which makes up part of your stock-in-trade (goods that you keep to trade) until at least 48 hours (not including any time on Saturdays or Sundays) after you buy or receive it. This does not apply to any car you buy in a public auction and get rid of without taking it to your business premises. We may order that this condition, as set out in Section 25 of the Civic Government (Scotland) Act 1982, does not apply to you getting rid of any car or class of cars making up part of your stock-in-trade or any part of it.
- If you plan to sell or get rid of any motor car to another licence holder, you must:
- fill in a trade sale of car form (in a style we approve), which you and the other licence holder must sign, or a used-car sales invoice endorsed 'trade sale'; and
- keep one copy of the trade sale of car form or used-car sales invoice as part of your records for at least three years
- You must make the register, used-car pre-sales inspection reports, trade sale of car forms and the used-car sales invoices (referred to in conditions 7 and 9 above) available at all times while the premises are open for business for any police constable, consumer and trading standards officer or any of our authorised officers to inspect.
- You must store or keep motor cars you buy only in the business premises mentioned in this licence or in any other premises we have approved.
- You must wash cars only within the area of land around the premises (particularly at the side and back of the building). You must not wash cars on the public footpath or the road. It is also vital that you make sure that you have enough drainage, so that the waste water is not left on the public footpath or road when you have washed cars, within the premises.
- It is a condition of the grant of this licence any issues arising with Environmental Services are dealt with satisfactorily and within a reasonable timescale.
- Second-hand dealer's licence
- Conditions of licence