18 Jun 2026
By Harry McMenemy, Trainee Solicitor at Gilson Gray.
With summer months fast approaching, pop-up businesses are appearing across Scotland. From artisan food stalls and seasonal bars to festival food trucks, their flexibility and strong appeal are generating a buzz for brands, consumers and entrepreneurs alike.
Whether you are planning a food truck in Glasgow, a temporary cocktail bar in Edinburgh or a music performance in Aberdeen, it is of vital importance that you understand your relevant licensing obligations before you begin trading.
Market Operator’s Licence
Under the Civic Government (Scotland) Act 1982, many multi-vendor pop-up events require a Market Operator’s Licence from the relevant local authority, with additional Street Trader or Temporary Event licences potentially applying to individual traders. Licensing requirements can vary significantly between councils and may involve compliance with health and safety, public liability insurance, planning, food hygiene, and operating conditions
Street Trading Licences
Operating outdoors, whether that is from stalls, vans or kiosks, a street trader’s licence may be required. Under the Civic Government (Scotland) Act 1982, street trading is defined as selling goods or services in a public place. This means that food operators, coffee vendors and pop-up bars may fall within the scope of the local authority’s licensing requirements. Each Scottish local authority applies its own rules, application procedures and conditions and can regulate matters such as operating hours and health and safety measures.
Pop-up food and drink retailers also need to consider food hygiene and public health obligations. Temporary premises are not exempt from food safety laws. If you’re planning on selling food, you will also need a valid Food Safety Certificate and be registered as a food business. The Council will inspect your vehicle/stall/kiosk to ensure that it meets hygiene standards.
The Sale of Alcohol
In Scotland, businesses cannot sell alcohol without a premises licence or an occasional licence under the Licensing (Scotland) Act 2005. An occasional licence can be practically convenient for temporary events, including pop-up bars, festivals and private functions. Applications can be made by:
It should be highlighted that local authorities often require applications to be submitted several weeks in advance and may require additional information, such as a licensing objectives statement. If you leave your licensing arrangements to the last minute, it could, therefore, put your whole event in jeopardy.
Public Entertainment Licences
One final consideration is your licensing requirements for live music, performances or other recreational purposes. For these events, businesses may also require a public entertainment licence (PEL) under the Civic Government (Scotland) Act 1982. The requirements again vary depending on your local authority, with each council adopting its own policies and thresholds depending on factors such as operating hours, audience size and the type of venue.
Temporary outdoor events may require additional permissions relating to road closures. Due to the differing approaches adopted by the local authorities, businesses planning to provide live entertainment at a pop-up event should engage with the relevant council at an early stage to confirm which licences will apply.
Final Remarks
For businesses planning a pop-up event in Scotland, identifying your licensing requirements from the outset can help identify which licences are required, avoid delays and ensure the event operates smoothly from day one.
The commercial appeal of pop-ups lies in their speed and flexibility, but that should not come but that should not be compromised from a compliance point of view. Failure to obtain the correct licences can lead to fines, reputational damage, and in some severe cases, even criminal liability.
To ensure that you have your licensing requirements looked after, contact Gilson Gray and speak to our experienced Licensing Team.
