Auction premises licence
About auction premises licences
Summary
Premises being used for sales of goods by competitive bidding must be registered with Wandsworth Council under the provisions of Part VI of the Greater London Council (General Powers) Act 1984 unless the auction is a one day charity event. In this case, proof of charity status will be required.
The Act makes it an offence (subject to certain exemptions) to sell or permit the sale of goods by way of competitive bidding:
(i) on premises (which expression includes land) in the borough which are not registered with the council under this part of the Act;
(ii) on premises in the borough which are so registered but in breach of a condition upon which they are so registered;
(iii) from a stall (which expression includes any stand, marquee, tent vehicle (whether mobile or not, site or pitch) which is not registered;
(iv) from a stall which is so registered but in breach of a condition upon which it is registered.
Penalties
If any person knowingly or recklessly makes a false statement or omits any material particulars in this application he/she shall be guilty of an offence for which the maximum penalty is £5000.
Eligibility criteria
An application fee of £196 is payable on application.
The person conducting the relevant sale shall not attempt to restrict or exclude the rights of the buyer or any obligations to the buyer. These rights and obligations could arise if the goods are defective or are not fit for purpose or do not correspond with the description.
Each buyer shall be given a receipt with the full name and address of the business entity carrying out the sale according to the Companies Act 2006
In addition:
- Relevant sales shall only be conducted on the premises between the hours of 8am and 8pm
- Sales held on Sundays must comply with Sunday trading legislation and planning consents where appropriate
- All reasonable precautions shall be taken to maintain public order in the premises and to minimise any nuisance or annoyance to residents in the neighbourhood
- No material change, either permanent or temporary, in the structure or layout of the part of the premises registered for the relevant sales, shall be made without prior approval of the council
- The person who the premises are registered with shall take all reasonable precautions for the safety of employees and all persons visiting the premises
- All doorways, corridors, staircase etc, that can be used as a means of escape, must be kept free of obstruction, immediately available and adequately illuminated
- Any special fire safety recommendations of the London Fire Brigade must be complied with at all times
- Members of the public must not be prevented from entering or leaving the premises during any trading session.
Application evaluation process
Wandsworth Council will take into account the suitability of the premises or stall. Before your application is refused you will be given the opportunity to appear before the council.
Will tacit consent apply?
No. It is in the public interest that Wandsworth Council must process your application before it can be granted. If you have not heard from us within a reasonable period, please contact. You can either contact us using the details below or by logging on to the UK Welcomes website if you applied via that service.
What can I do if my application is refused?
Please contact Wandsworth Council Trading Standards in the first instance at:
Trading Standards SectionTechnical Services Department
Wandsworth Council
PO Box 47095
London SW18 9AQ
Tel: 0208 871 7720
Email: tradingstandards@wandsworth.gov.uk
If you wish to appeal against a decision you may appeal to the local Magistrates Court with 21 days of the notice of the decision.
What if I am not happy with a condition imposed?
Please contact Wandsworth Council at the address above in the first instance. If you wish to appeal against a decision, you may appeal to the local Magistrates Court with 21 days of the notice of the decision.
What if I have a query about my licence?
If you have a query about a licence or permit issued by us, please contact Wandsworth Council at the address above.
European Services Directive
If you think that the council has not complied with the European Services Directive by imposing requirements or conditions in respect of your application that are discriminatory, unfair, or disproportionate, please contact:
UK SOLVIT CentreDepartment for Business, Innovation and Skills
1 Victoria Street
London SW1H 0ET
Email: solvit@bis.gsi.gov.uk
Health and safety
Before setting up any business in the UK, you must ensure that it will comply with the relevant health and safety regulations.
Please see the links below for further information:
- Wandsworth Council's Health and safety web pages
- Health and Safety Executive website
Consumer concerns about auction premises
We would always advise that, in the event of a complaint, the first contact is made with the trader by you - preferably in the form of a letter (with proof of delivery). If that has not worked and if you are located in the UK, Consumer Direct will give you advice. From outside the UK, contact the UK European Consumer Centre.
Alternatively, you can contact the council's Trading Standards Section at:
Trading Standards SectionTechnical Services Department
Wandsworth Borough Council
PO Box 47095
London SW18 9AQ
Email: tradingstandards@wandsworth.gov.uk
Other complaints
If you want to make other types of complaints about auction premises, e.g. related to noise or health and safety, please contact Trading Standards Section (contact details above).
