Street restrictions

Pedlars, How cool to hold a certificate that proves by law you are a person of good character!
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Street restrictions

Postby Toyah1981 » Wed Mar 29, 2017 7:56 pm

I'm thinking of getting my pedlars certificate to boost my face painting income. It's highly likely that my target areas would be bigger parks and town centres on busy summers days. Also maybe even the odd sea front. Can anyone help me as to any restrictions that may lie in the areas above or do you just rock up and o or would I need to contact the council to see if I am permitted to trade in these areas?
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Re: Street restrictions

Postby Ian Pedlar » Wed Mar 29, 2017 8:59 pm

The worst they can and might and will do is to confiscate all your gear if they are really nasty

hands up who that has actually happened to?

My only experience is from Bournemouth, they are really nice here.
giffgaff seem to be paying 'me' for using 'them' at the moment! Can't get much cheaper than that!
See my website for details www.ffagffig.com
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Re: Street restrictions

Postby Toyah1981 » Wed Mar 29, 2017 9:34 pm

Don't know if I can risk that my kit cost a fortune. Now I don't know what to do
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Re: Street restrictions

Postby Ian Pedlar » Wed Mar 29, 2017 9:52 pm

You need the advice of some more experienced pedlars

like MarkD
giffgaff seem to be paying 'me' for using 'them' at the moment! Can't get much cheaper than that!
See my website for details www.ffagffig.com
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Re: Street restrictions

Postby griffman » Wed Mar 29, 2017 10:04 pm

Best thing to do, after you get your cert or before if you like is to go see the trading standards people and ask them. I have spoken to my local trading standards and they do listen to you and give advise, make friends with them, get them on your side and you can't go wrong. Don't forget its all a game.
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Re: Street restrictions

Postby Toyah1981 » Wed Mar 29, 2017 11:58 pm

Thank you. Will give them a call in the morning
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Re: Street restrictions

Postby markd » Thu Mar 30, 2017 5:30 pm

Hi,

IMO I wouldnt work face painting on a pedlars certificate, you are providing street entertainment, as a street entertainer you aren't restricted by many laws which apply to a pedlar.

There was a similar business where I live working on a pedlars, she wasnt moving (had a chair etc etc) and after a couple of warnings a van turned up with police and trading standards and took her entire set up away. Havent seen her since!

If you work as a street entertainer then you cannot ask for a fixed price (that would take you into the sale of goods act laws and take you out of the bounds of a street entertainer) You can ask for a "suggested" contribution- not a donation (there is no consideration of value with a donation and trading standards could argue that you were portraying yourself as a charity).

There is a way of talking to your potential customer so that you arent putting a face on for 20p, but I am not going to describe how you would do that here. Also you need your signage worded correctly, again Im not giving that information here.

Pluses for working as a street entertainer;
Can stay in a fixed spot for as long as you like(8am-11pm 7 days a week)
Can work certain towns cities where Pedlary has been banned/restricted because you are NOT a pedlar.
Councils cannot demand that you hold a "street entertainers license" on public highways etc, the law has changed. If you accept their offer and apply for a license then you have made an agreement which may be lawfully binding and restrict what you can and cannot do.

The Live Music Act 2012 is your friend, go read it.

Good Luck
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Re: Street restrictions

Postby markd » Thu Mar 30, 2017 5:35 pm

Just to add..... YOU ARE DEFINITELY NOT TRADING............YOU ARE A CHILDRENS ENTERTAINER, get all notions of being a trader out of your head.

Showbizzzzz Jim showbizzzzzzzzzz !
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Re: Street restrictions

Postby Toyah1981 » Thu Mar 30, 2017 7:50 pm

So I don't or do need an entertainment licence. I'm so confused right now .
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Re: Street restrictions

Postby markd » Fri Mar 31, 2017 3:46 pm

Toyah1981 wrote:So I don't or do need an entertainment licence. I'm so confused right now .


Nowhere in The Live Music Act does it stipulate that you need any form of license, certificate or even a diploma.

A council/local licensing authority CANNOT insist that you apply for one of their licenses if you intend to act as a street entertainer within the meaning of The Live Music Act 2012. The secretary of state has told them they cant, he has also told them that they MUST comply with the latest legislation contained in the Act, they cannot choose to ignore the Act to suit their own purposes.

READ THE ACT, and make sure you understand it, you are talking about your living.....do your homework.
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