There is fury in downtown Stornoway as a group of stallholders are back again with a market during the Royal National Mod.
Local traders are fizzing. Angry that they have been snatching their business away twice already this year, the shopowners have been telling how council officials promised they would be forewarned if the market was to return. Yet again they say, they knew nothing until the tents were erected.
Colin Cameron of Cameron’s Chip Shop said: “We were looking forward to the Mod because we thought it would be very good for business. However, it’s not going to be so busy with the market here yet for the third time. It’s not as if the money they take will be put back on the town.
“There was no consultation. If businesses here were allowed to display their wares in the street I’m sure they would.”
Iain Macaulay of the Events gift shop, said he had been assured by council officials that they would be told in advance if there was any prospect of the market returning after the previous two visits.
“I have had no calls from anyone about this,” he said.
So I put questions to the comhairle and the amenity trust. The trust responded saying the current market was not their responsibility. Here is what the comhairle said:
How much are stallholders paying for their prime positions and to whom? What is included in that fee?
The Licence fee is £175 for three years for under 20 stalls and is only allowed to reflect the cost of administering the licence. Any fees or charges for land use/electricity etc have nothing to do with the licence.
The Comhairle does not charge Traders for the use of specific plots. Market Traders are not authorised to utilise Comhairle Services.
How does the fee compare to markets in other towns?
We don’t have that information.
Why are these outside companies allowed to come in and trade at the busiest times of the year without the same rules and responsibilities as local businesses?
The Comhairle have to grant licences unless there are valid reasons for refusal. These market traders, like anyone else, may apply for a market Operator’s license. Applications for a Market Operator’s license are processed in accordance with the provisions of the Civic Government (Scotland) Act 1982. This act provides for certain grounds of refusal of an application, and there are certain specific statutory grounds for refusal of an application. Commercial prejudice to neighbouring premises is not one of these grounds for refusal.
I have heard of individual councillors who said they should not be allowed to return. Who decides?
Licences are issued by Consumer and Environmental Services on behalf of the Comhairle. The Licenses are issued under delegated authority from the Comhairle. On receipt of an application the views of statutory consultees such as the Police and Fire Brigade are sought, and in this case we also sought the views of our Technical Services Department. Applications are referred to the environmental sub-committee if any objections are received
Why were the local traders lied to and kept in the dark until the stallholders arrived?
This application was processed in accordance with the statutory provisions in the usual fashion.
Why were the claims of insect-infested products not fully investigated and prosecuted?
The markets, as with other retail and catering businesses, are inspected in terms of Food and Trading Standards. Comhairle officers have carried out numerous visits to the markets as part of routine work as well as in response to complaints. In general terms- we investigate any complaint against any trader in line with the Comhairle’s enforcement policy. This includes any markets or street traders. If a consumer has a complaint regarding any business, including a market stall, then the Comhairle will investigate it.
How much are the stallholders being charged for the permanent damage to Perceval Square?
The Comhairle have received no reports of damage to Perceval Square.
What are the long-term plans for the stallholders?
The Comhairle is required to process the applications for this license. Any questions about the long-term plans of stallholders should be addressed to those stallholders.
Can you assure local traders that you won’t wreck their Christmases too by allowing them back then?
We have to treat an application for a licence the same whether it is being held on Comhairle ground or private ground. The licence does not deal with frequency of use or permissions to trade – unless there are legitimate concerns (i.e. public safety). It does not deal with competition/commercial issues. If there were objections to a licence then they would have to be considered in terms of the Civic Government (Scotland) Act 1982. All applications for Market Operator’s licences will be considered on their merits and processed in accordance with the provisions of the 1982 act.
Any other comments?
For information this market is not related to the Stornoway Amenity Trust. Any concerns or complaints attributed to the previous market may not be relevant to this market. The markets, as with other retail and catering businesses, are inspected in terms of Food and Trading Standards
Under the Civic Government (Scotland ) Act 1982 a Market Operator’s Licence is required for carrying on a private market by any person other than a local or public authority at which goods are offered by more than one seller for sale to the public. Licences are not needed if the proceeds are used for charitable purposes or not for private gain.
The Police and Fire Authority are consulted on licence applications and their views are taken into account when deciding to issue a licence. Technical Services are also consulted.
The Comhairle have to grant licences unless there are valid reasons for refusal.
Open air markets require planning permission and Perceval Square and various areas within Point Street and Cromwell Street have planning permission.








