ice cream at the sea side

Pedlars, How cool to hold a certificate that proves by law you are a person of good character!
Worth getting one just for the hallibut! Oh no, that's a fishing certificate.

ice cream at the sea side

Postby willit » Wed Jul 01, 2015 11:34 am

Hello Pedlars,

I have just started selling ice cream from tricycle up and down the sea front in Hastings.
I am currently operating on a pedlar's certificate, which was advised as the most appropriate document for me by the Hastings Council licensing department.

However, the Council have now turned round and said that I am contravening the conditions of my certificate, because I am stopping for periods of 5 - 10 minutes to wait for trade. Is this indeed acting outside the definition of a pedlar do you think?
I would be very grateful fo anyone's advice on this issue.

William the CONEqueror
willit
 
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Re: ice cream at the sea side

Postby Tony Maloney » Tue Jul 14, 2015 11:14 pm

I would say i have an existing medical condition that does not allow you to cover a lot of ground, scab a used inhaler say you have asthma anything ! they have hell of a job to access your medical history.
Better still if you are medically discharged as djsabled in purputuity like me.
Never accept a caution as it is recorded never in your favour.
Tony Maloney
 
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Re: ice cream at the sea side

Postby Seymour » Tue Jul 14, 2015 11:27 pm

Personally I would NEVER do anything dishonest as suggested above. It is below your dignity to lie and/or cheat. Be scrupulously honest in all your dealings with all people and you have nothing to fear from anyone.
Seymour
 
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Re: ice cream at the sea side

Postby keithgell » Wed May 25, 2016 2:41 pm

20 minutes is usually the time allowed to stop in one place before moving on. If I were you I would:

1. Keep a notebook and time how long you stay in each spot (never more than 20 minutes unless you draw a crowd)
2. Ask Hasting council for there guidelines on not stopping for more than 5-10 minutes in one spot (the Eastbourne guidlines are below, and they state 20 minutes.)

*******************

This information has been provided to help explain the law relating to
street trading in the Borough of Eastbourne.
This advice has been compiled from current legislation, and case-law, and is
subject to change. You are advised to seek independent legal advice if you wish to
clarify any aspect of the legislation.
PLEASE NOTE :
YOU MAY BE COMMITTING AN OFFENCE AND COULD BE PROSECUTED IF
YOU :
1 Trade on the street without a street trading licence issued by Eastbourne
Borough Council;
2 Are in possession of a Pedlar's Certificate, issued by the Police, and
• fail to move on, when asked to do so by an Authorised Officer
from Eastbourne Borough Council, or a Police Officer, or
• you are failing to comply with the rules applied to trading under
a Pedlar's Certificate.
The relevant legislation is The Pedlar's Act 1871 and The Local Government
(Miscellaneous Provisions) Act 1982
The Local Government (Miscellaneous Provisions) Act 1982
Eastbourne Borough Council has applied the provisions of paragraph 2 of
Schedule 4 of the Local Government (Miscellaneous Provisions) Act, to
designate only specific streets, or trading sites on streets, as permissible for
trading to occur.
In all cases, formal consent must be obtained from Eastbourne Borough
Council to allow a person to carry on a street trading business.
There are a limited number of fixed trading positions throughout the
Borough, and these are detailed below:
(LIST will be added here on final version after consultation)
.
The Pedlar's Act 1871
The provisions of this Act provide an exemption to the above for persons
'trading as a pedlar'
However, there is guidance as to the definition of a pedlar, and this is
detailed below.
If you are in possession of a pedlar's certificate, as issued by the
Police, you need to be aware of the following information.
There have been a number of legal cases, which help to clarify the rules
applied to trading under a pedlar's certificate. The relevant case, which is
applied, is Chichester District Council v. Wood [1997] E.W.H.C.
In this case the judgement gave the following definitions:
• A pedlar goes to his/her customers, rather than allowing them to come to
him/her;
• A pedlar trades as s/he travels, rather than travels to trade;
• A pedlar is a pedestrian;
• A pedlar sells reasonably small goods;
• Use of a small means of assisting transport of goods, such as a small
trolley, is permitted;.
• Use of a stall, a stand or a barrow, is not permitted. This may indicate an
intention to remain in one place or in a succession of places for longer
than is necessary to effect a particular sale, or sales, indicating s/he is a
street trader and not a pedlar.
• If he/she sets up a stall, barrow, or other defined pitch (such as a blanket
or sheet), and waits for people to approach him/her rather than
approaching them, this indicates that s/he is a street trader and not a
pedlar.
This means that if you have a Pedlar's Certificate you must not take up
one stationary position for longer than the time necessary to effect a sale.
You are not permitted to remain in one place for up to 20 minutes before
moving on (unless you are selling to a crowd of people who have gathered
for that reason)
Once you have made a sale, you must move on, and continue to
move until someone approaches you to make a purchase.
If you have any questions relating to this information please telephone the Health,
Safety and Licensing Team at Eastbourne Borough Council on 01323 415936 or visit
our website at www.eastbourne.gov.uk/licensing
keithgell
 
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Re: ice cream at the sea side

Postby Mandys13 » Wed Jan 18, 2017 1:04 pm

I have heard with the peddlers licenses you have to keep moving constantly only stopping to sell. A little different but the peddlers in our town centre just stand for a period of time then walk a little and stand there and so on. But our council do say when they have to move on they must move a street over not just up a bit. I suppose people try their luck. You will be knackered riding it all day!
Mandys13
 
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Re: ice cream at the sea side

Postby griffman » Wed Jan 18, 2017 5:11 pm

Where I live it depends where you are selling, if it is in close proximity to other shops that have paid rent etc. you will be moved on, (as they have complained about you) if on the other hand you don't have competitors, and I am speaking from experience, you can get away with staying put for hours.
Remember Its a game and you just have to be one step ahead all of the time.
griffman
 
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