CIVIC GOVERNMENT (SCOTLAND) ACT 1982 SECTION 43 WINDOW CLEANERS

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Window Cleaner Conditions

CIVIC GOVERNMENT (SCOTLAND) ACT 1982 SECTION 43 WINDOW CLEANERS


CIVIC GOVERNMENT (SCOTLAND) ACT 1982, SECTION 43


WINDOW CLEANER'S LICENCE - STANDARD CONDITIONS



This Licence is granted under the following conditions. Breach of any of these:


- is a criminal offence and may lead to prosecution by the Procurator Fiscal;


- may result in the Council deciding to revoke or suspend the Licence; and


- may be taken into account by the Council if the Licence-Holder applies for renewal of the Licence.


In the Licence and these conditions:

"he" and similar words are used regardless of the gender of the person.

"Licensing Authority" means North Ayrshire Council



Insurance


1. If the Licence-Holder is self-employed he must effect, and maintain in force throughout the duration of the Licence, a policy of insurance which insures him and any employee against any liability to any occupier of premises arising from death, bodily injury or loss or damage to property. The level of cover for any one claim must be at least £1,000,000 (one million pounds).



2. If the Licence-Holder is an employee then at all times that he/she is working as a Window Cleaner there must be such insurance covering him.



Licence Badge


3. The Council will issue the Licence-Holder with a Licence Badge when the Licence is granted or renewed.


(a) The Licence-Holder must have that badge with him at all times when working as a Window Cleaner (which includes times when he is travelling between jobs or when he is calling at premises in an attempt to get a job or obtain payment).


(b) The Licence and Badge are not transferable and the Licence-Holder is not permitted to alter, erase or deface Licence or badge, or to allow any other person to use either or both of them.



4. The Licence-Holder must produce the Licence Badge for inspection immediately after a request by any of these people:


- the Council's Civic Licensing Standards Officer,


- any other Council Authorised Officer,


- any Police Constable (whether or not in uniform),


- any Police Authorised Civilian Employee.



5. If requested to do so by any of the people listed in Condition 4:


(a) the Licence-Holder must provide, immediately after the request, the name, address, date of birth and Window Cleaner's Licence number of all persons who are employed (or have within the previous three months been employed) by the Licence-Holder;


(b) The Licence-Holder must produce, within two days of a request, evidence of insurance cover, and any other document required by these Conditions, for inspection and copying.



6. The Licence-Holder must produce the Licence Badge for inspection immediately after a request by the occupier of any premises or anyone on his/her behalf where the Licence-Holder or anyone on his/her behalf:


- has worked at the premises as a window cleaner, or


- has called at the premises in an attempt to


- arrange a window cleaning job


- get payment for a window cleaning job.



Changes of circumstances


7. The Licence-Holder must tell the Council in writing of any change in the information in the Application form or the accompanying documents within 7 days of that change.



8. The Licence-Holder must hand over the Licence and Badge to the Licensing Authority within three days of:


(a) the Licence being suspended or revoked, or


(b) the Licence expiring without an application to renew being made.



9. The Licence-Holder must notify the Licensing Authority in writing within seven days if there is any change in circumstances (including a change in the information in the Application or any supporting documents) since the application for the Licence.


Examples:

- a change of the Licence-Holder's address

- a change in the insurance policy

- where the Licence-Holder ceases to work for an employer (and therefore stops being covered by the employer's insurance)



Criminal Offences


10. This applies to any offence, and not only to offences arising from the operation of the Licence.


The Licence-Holder must notify the Licensing Authority in writing within seven days if any of these things happen:


(a) if he is charged by the Police with any offence (whether or not any Court proceedings have started). He must give this information:

i. the nature of the alleged offence

ii. its date

iii. its place


(b) Where a Court convicts, he must tell the Licensing Authority the date that any fine, imprisonment or other penalty was imposed.


(c) If there are no Court proceedings (for example. if the Procurator Fiscal issues a Conditional Offer, sometimes called a 'Fiscal Fine'), the Licence-Holder must give the same information as in (b).




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