[DASERVICES]

Guys need your help for those who can even though it is a Scottish matter.

As you all now in some parts of Scotland you are required by law to have a licence to operate as a window cleaner. Having dug into the legal side I have now opened a can of worms with local Councils. The issue is the wording of the Act to licence window cleaners, which reads :-

A licence, to be known as a "window cleaner's licence" shall be required for carrying the trade of, or being employed as, a window cleaner.


The phrase "carrying the trade of" and its interpretation is which is causing problems. Some Councils view this as a Business being the "trade of" so the Business and the employee have to be licensed. So the likes of OCS  would have to be licensed as a business to carry out the function of window cleaning.

I have the same opinion but would like your thoughts on how you would interpret this. I am aware that this is a legal issue and the wording is not that clear but would like your input to see what conclusion comes out of this.

Much appreciated.

Doug

[Majestic]

Do OCS not sub out the work, so anyone they sub it to should have a licence

[DASERVICES]

No they don't John , one of our members found out that they were advertising in the job centre for window cleaners who had to be licensed. This is wrong as you are asking the window cleaner to pay for his own insurance.

There is a lot we are finding out about other companies

[markybop]

I went in and begrudgingly paid my £73 today for a renewal of my license.
A license to print money, that's my opinion anyway.............

[kevin @ Ess]

my license renewal has come through and its 200 pounds.   

its cheaper here to get a shop/ street traders license than it is to clean windows.

[DASERVICES]

I went in and begrudgingly paid my £73 today for a renewal of my license.
A license to print money, that's my opinion anyway.............

Think yourself lucky Mark, you guys have one of the cheapest licences going. Why not have your say on the Councils forum.

[DASERVICES]

my license renewal has come through and its 200 pounds.   

its cheaper here to get a shop/ street traders license than it is to clean windows.

Hi Kevin,

Unfortunately you were the unlucky ones, the Highland Council put it up by £50. That's an increase of 34%, cannot see how the Council can justify that

Feel free to join the SLWCN, we are working with a few guys up your way.

Doug

[Lizzy]

the license for my food business to operate is £1800 when they bring it in.    I am not licensed and trade in daytime hours.   
Pubs, on the other hand, get charged £300 a year.  MAD

[Clive McDonald]

Firstly Is it an act? A
s in Scotish Parliament? or is it a local authority byelaw type template?

If it's an act these are usually drafted pretty well, what you quote is sloppy English so I have my doubts.

The reason for the 'act' if that's what it is is to protect the public and give trading standards accountability on a local level. Therefore I would argue it's needed by those having contact with the public and carrying on the trade or occupation etc.

However, how would a window cleaners labourer stand, or a trainee. In my opinion providing they were under the supervision of a licensed wc they would be covered.

Next case please.

[KarlJones]

To be honest the window cleaning licence itself is probably running against the European court of human rights,  which gives each person in the EU the right to work however they see fit, the exceptions are safety (ie needs training) 0and trades that break the law.

If you were up to your eyeballs in crime, but decided you wanted to take up the honest profession of window cleaning, technically there is nothing that the Scottish Gov can do to stop you.

[DASERVICES]

To be honest the window cleaning licence itself is probably running against the European court of human rights,  which gives each person in the EU the right to work however they see fit, the exceptions are safety

Karl,

The licensing was brought in based on safety, people who would be refused a licence which one person was highlighted in the newspaper as being convicted of attempted murder. So it does serve its purpose in one way as it protects the public from bogus window cleaners who tarnish our trade.

The Police can do something about it as some time back an operation took place in one Council area where there was only 25 licensed window cleaners. A total of around 100 unlicensed window cleaners were caught and therfore had to buy a licence. Some window cleaners were refused as not being fit to hold a licence, others were fined upto £100 for not having a licence. They are now looking to do another sting on unlicensed window cleaners.

Other Councils may soon be following.

Councils are now looking at other trades.

Doug