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Mobile Catering Laws in Scotland: Can I Trade From a Layby?

by Mike
(Scotland)

Red mobile catering trailer parked in a Highland layby in Scotland

Red mobile catering trailer parked in a Highland layby in Scotland

Hi
I'm thinking about setting up a catering trailer on a road in Scotland is there different laws and I hope to setup on a layby
How would I find out who to ask to set up there
Thanks
Mike

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Aug 04, 2026
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by: MobCater

Hi Mike, yes, the rules in Scotland are different from England, and it's worth knowing that before you commit to a spot.

Street trading in Scotland is covered by the Civic Government (Scotland) Act 1982, not the English legislation, so you'll be applying for a Street Trader's Licence from the council that covers the area you want to trade in, not the council where you live. That licence lasts three years rather than being renewed every year, and you have to be over 18 to hold one. Before the council will grant it, you'll also need a Certificate of Compliance from their Environmental Health team, confirming your trailer meets the Food Safety Act requirements. That is a Scottish extra that England doesn't ask for, so build it into your timeline.

The layby is where it gets a bit more involved. Councils split areas into ones where trading is allowed, ones that need specific consent, and ones where it is prohibited outright, so the first thing to do is ring the licensing department at the council for that area and ask them how your chosen layby is classified. If the layby sits on a main A-road, there is a second layer to think about, because many of those are trunk roads managed by Transport Scotland rather than the council, and they rarely allow roadside trading on safety grounds. So your two calls are the council licensing team and, if it is a big road, the roads authority.

While that is going through, get the groundwork done. Register as a food business with the local authority at least 28 days before you trade, which is free, and sort your food hygiene training. Scotland accepts the REHIS Elementary Food Hygiene certificate, and you need it within three months of starting. Do those two early and you won't be held up later.

My honest advice is to talk to the council before you spend a penny on a pitch, because a layby that looks perfect to you might turn out to be prohibited, and it is far cheaper to find that out on the phone than after you have turned up ready to trade.

Keep going

David

Disclaimer: This is general guidance for mobile catering in Scotland. Licensing and roadside trading rules vary between councils and roads authorities, so always confirm with the local council's licensing department, and for trunk roads with Transport Scotland, before you start trading.

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