Our current understanding of the law, Please Read this first

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Our current understanding of the law, Please Read this first

Postby Ian Pedlar » Sat Mar 10, 2012 3:27 pm

This thread is intended to show what we currently know about the laws surrounding pedlary.

I wanted somewhere that would be easy to link to and would remain relatively unchanged.

You might for example email a link to an official saying Please read our topic of what we currently believe is the law around what a pedlar may use as a vehicle viewtopic.php?f=4&t=206#p353
as each individual post can be accessed by clicking on its header but you do then need to copy the whole line from the address bar in your browser as the forum tends to shorten the links to be relative rather than absolute so just copying the above link for example wouldn't work.

Click on the heading first then copy the line from the address bar in your browser.

Here are the headings:
Our current understanding of the law, Please Read this first
Bicycles Tricycles and Trolleys
The Pedlars Certificate Application Form
Pedlars are exempt from these laws
Selling Food
Must a Pedlar keep moving and go from town to town?

This section will be locked so you can't add posts to this thread but please help to improve this section by posting anything that you think may effect pedlars by way of laws, rules and regulations in other threads then if we all agree I'll include it in this section.

Thanks

ian
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Bicycles Tricycles and Trolleys

Postby Ian Pedlar » Sat Apr 07, 2012 5:01 pm

I can find no legislation that states a pedlar may not use a bicycle (or tricycle for that matter).

Poor old onion sellers then and ice cream vendors etc.

I think we must always ask where is the legislation?

I can't find anything that says that a pedlar may not use a vehicle, perhaps there is some legislation that I haven't seen? If so, where is it?

The law that we operate under is the Pedlars Act which describes a pedlar:
In this Act, if not inconsistent with the context, the following terms have the meanings hereinafter respectively assigned to them; that is to say,—

The term “pedlar” means any hawker, pedlar, petty chapman, tinker, caster of metals, mender of chairs, or other person who, without any horse or other beast bearing or drawing burden, travels and trades on foot and goes from town to town or to other men’s houses, carrying to sell or exposing for sale any goods, wares, or merchandise, or procuring orders for goods, wares, or merchandise immediately to be delivered, or selling or offering for sale his skill in handicraft;


There are only three other areas that have legislation in place to further define a Pedlar and that is:
The City of Westminster where they have effectively replaced the law so one cannot act as a pedlar then
Bournemouth and Manchester where they have passed acts:
Bournemouth Borough Council Act 2010
Manchester City Council Act 2010
Which include the Pedlar in the Local Government (Miscellaneous Provisions) Act 1982 Schedule 4 and where it specifically states in both the Bournemouth and the Manchester acts:
with any goods or handicraft equipment carried in a wheeled vehicle (with a carrying capacity no greater than one cubic metre) pushed or pulled by him,

(notice the word 'vehicle') and therefore if you really wanted to read into this in a 'taking' rather than a 'giving' manner you would probably need to be pushing or pulling your bicycle or tricycle at the time when you were acting as a pedlar.

A carrying capacity of one cubic metre is quite generous I think and it would be an awful lot for a bicycle or a tricycle to carry that much.

They do seem to want to read the law in a 'taking' manner rather than the obvious 'giving' manner in which the original law was written and so they might argue that the pedlar 'travels and trades on foot' but this is what you would be doing when you were actually trading so if they were to read the law in the original 'giving' manner then there should be no problem, after all the law was expanded to legally allow the pedlar to trade anywhere within the UK and you could not expect someone to walk everywhere.

I hope that we can convince people that this law is for everyone and dispel some of the myths surrounding pedlary.
It is potentially a great fun trade to be a pedlar, if we take it upon ourselves to accurately know the law then I hope we can convince officials and bring them on to our side as it is a UK citizens rights that are in question here.

I may be wrong, I may have missed some legislation somewhere but from what I've read so far this is my understanding, I don't want to be confrontational and I'm all too willing to bow to others official meanings but if there is any legislation that I am unaware of then please Show me the legislation.
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The Pedlars Certificate Application Form

Postby Ian Pedlar » Sat Apr 07, 2012 5:02 pm

In the Pedlars Act it lays out what information is needed to apply for the Pedlars Certificate in Schedule 2 Form A
Form of Application for Pedlar’s Certificate.

1I,A.B. [Christian and surname of applicant in full] have during the last calendar month resided at in the parish of in the county of
2I am by trade and occupation a [here state trade and occupation of applicant, e.g., that he is a hawker, pedlar, &c.]
3I am years of age.
4I apply for a certificate under the Pedlars Act 1871, authorizing me to act as a pedlar within the [police area].Dated this day of (Signed)A.B.


There appears to be no mention of stating what you wish to sell or that you must include photographs.
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Pedlars are exempt from these laws

Postby Ian Pedlar » Sat Apr 07, 2012 5:08 pm

The Pedlars Act states:
A pedlar’s certificate granted under the Pedlars Act 1871, shall during the time for which it continues in force authorise the person to whom it is granted to act as a pedlar within any part of the United Kingdom.


Therefore Pedlars are exempt from these laws

The only places that we know about so far where you cannot legally trade as a pedlar is in Liverpool and these other thirty two London Borough Councils where they have successfully changed the law so that it says:
(2) The following are not street trading for the purposes of this Part of this
Act:—
(a) trading by a person acting as a pedlar under the authority of a Pedlar's Certificate granted under the Pedlars Act 1871, if the trading is carried out only by means of visits from house to house;


So you can only trade as a pedlar if you are going from house to house in Liverpool and these 32 borough councils :( I provide a list of these at the bottom of this post.

Two other acts of parliament have been passed which add extra rules in Bournemouth and Manchester.
You can still act as a pedlar in these areas but you must abide by the extra rules which boil down to three things.
1) You must constantly be moving unless someone stops you to look at or to purchase your merchandise. If no-one is looking at or purchasing your merchandise for a five minute period then you must move on.
2) You must prominently display your Pedlars Certificate for all to see.
3) If you are using any type of wheeled vehicle then it must have a carrying capacity of no greater than 1 cubic metre.

For everywhere else in the UK the pedlar acts solely under the law of the Pedlars Act and you don't have to keep moving, there is no limit on what you carry if you use a wheeled vehicle, you don't have to prominently display your pedlars certificate etc.

There is other legislation in place but the pedlar is exempt from this extra legislation as here shown:

Local Government (Miscellaneous Provisions) Act 1982 Schedule 4
(2)The following are not street trading for the purposes of this Schedule—
(a)trading by a person acting as a pedlar under the authority of a pedlar’s certificate granted under the Pedlars Act 1871;



Civic Government (Scotland) Act 1982
(3)A street trader’s licence shall not be required for—
...
(d)any activity in respect of which a certificate under the Pedlars Act 1871 has been granted;



Hampshire Act 1983
Which covers amongst others the areas of Portsmouth, Fareham, Gosport, Southampton, Winchester, Basingstoke, Havant, New Forest, Petersfield, Lymington.
This is the one I need help with folks, it is only available as a .pdf document and it would seem that the relevant part is:
Part III Public Order
(Touting, hawking, photographing, etc.)

First of all notice that it does not mention Peddling, in fact there is no mention of pedlar, peddling or pedlary in this act and then it mentions that it is overruled by the Local Government (Miscellaneous Provisions) Act 1982 Schedule 4 in which pedlars are exempt though it is a regular vipers nest of a swiss army knife of a law that is so cunning you could pin a tail on it and call it a fox :)

The pedlars act is from 1871 and this act is from 1983 so without any specific mention of any term relating to pedlar, peddling or pedlary in this later act one must presume that the pedlar is exempt from this act.

These are the thirty two London Borough Councils where you can only trade by going from house to house:

Barking and Dagenham Borough Council
Barnet Borough Council
Bexley Borough Council
Brent Borough Council
Bromley Borough Council
Camden borough Council
Croydon Borough Council
Ealing Borough Council
Enfield Borough Council
Greenwich Borough Council
Hackney Council
Hammersmith and Fulham Borough Council
Haringey Borough Council
Harrow Borough Council
Havering Borough Council
Hillingdon Borough Council
Hounslow Borough Council
Islington Borough Council
Kensington and Chelsea Royal Borough Council
Kingston upon Thames Royal Borough Council
Lambeth Borough Council
Lewisham Borough Council
Merton Borough Council
Newham Borough Council
Redbridge Borough Council
Richmond upon Thames Borough Council
Southwark Borough Council
Sutton Borough Council
Tower Hamlets Borough Council
Waltham Forest Borough Council
Wandsworth Borough Council
Westminster City Council

In all instances I would highly recommend that you have a chat with the local wardens/officials in the places that you intend to peddle before doing so to get their views on the matter.
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Selling Food

Postby Ian Pedlar » Mon Apr 09, 2012 7:31 pm

I can find no legislation that prohibits a pedlar from selling food.

The Pedlars Act Section 23 states:
23 Certificate not required by commercial travellers, sellers of fish, or sellers in fairs.

Nothing in this Act shall render it necessary for a certificate to be obtained by the following persons as such; (that is to say,)

(1)Commercial travellers or other persons selling or seeking orders for goods, wares, or merchandise to or from persons who are dealers therein and who buy to sell again, or selling or seeking orders for books as agents authorized in writing by the publishers of such books:
(2)Sellers of vegetables, fish, fruit, or victuals:
(3)Persons selling or exp


Victuals are a stock or supply of foods.

But nowhere does it state that you may not sell these things if you have a Pedlars Certificate and furthermore the Pedlars Act Section 5 states:
5 Grant of certificate. E+W+S

The following regulations shall be made with respect to the grant of pedlar certificates:

(1)Subject as in this Act mentioned, a pedlar’s certificate shall be granted to any person by the chief officer of police for the police area in which the person applying for a certificate has, during one month previous to such application, resided, on such officer being satisfied that the applicant is above seventeen years of age, is a person of good character, and in good faith intends to carry on the trade of a pedlar:
(2)An application for a pedlar’s certificate shall be in the form specified in schedule two to this Act, or as near thereto as circumstances admit:
(3)There shall be paid for a pedlar’s certificate previously to the delivery thereof to the applicant a fee of £12.25
(4)A pedlar’s certificate shall be in the form specified in schedule two to this Act, or as near thereto as circumstances admit:
(5)A pedlar’s certificate shall remain in force for one year from the date of issue thereof, and no longer:
(6)On the delivery up of the old certificate, or on sufficient evidence being produced to the satisfaction of the chief officer of police that the old certificate has been lost, that officer may, either at the expiration of the current year, or during the currency of any year, grant a new certificate in the same manner as upon a first application for a pedlar’s certificate. In Great Britain one of Her Majesty’s Principal Secretaries of State, and in Ireland the Lord Lieutenant may from time to time provide for the expiration of all pedlars certificates at the same period of each year, and in doing so shall provide for the apportionment of the fees payable in respect of any such certificate.


'shall be granted to any person' and the form specified in schedule two to this Act does not require the applicant to specify what they intend to sell or to submit photographs.

Somewhere along the line someone has interpreted this as that if you don't 'need' a pedlars certificate then you will be denied one when you state that you intend to sell food (or perhaps any of the other items) but after reading the Pedlars Act it is clear that these items were deemed to be so common that you would not need a certificate to be able to sell them not that you should be denied a certificate if you intend to sell them.

Now however you do need a certificate to sell them because having a pedlars certificate exempts you from the Local Government (Miscellaneous Provisions) Act 1982 Schedule 4

There are of course other matters when it comes to selling food such as the necessary health certification but this a separate matter entirely but on that note I would see the only difference in the selling of hot or cold food to have to do with this health certification and that a pedlar selling food would probably need health certification for themselves, the receptacles that they wish to sell food from and/or the place of preparation of any food that they intend to sell, the matter of how the food is packaged etc.

I would always recommend that applicants for a pedlars certificate at the police station (nothing to do with license officers in the council) keep their options open by stating that they may use their pedlars certificate to sell a range of items in the future such as novelty items, balloons etc. Although this should not be necessary it may smooth the way to getting your pedlars certificate from someone who otherwise thinks you should be denied one.

Here is a link to another post entitled Prohibited Streets that further defines our understanding of a Pedlars rights.
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Must a Pedlar keep moving and go from town to town?

Postby Ian Pedlar » Mon Apr 16, 2012 6:27 pm

The Interpretation of the word Pedlar in the Pedlars Act states:
In this Act, if not inconsistent with the context, the following terms have the meanings hereinafter respectively assigned to them; that is to say,—

The term “pedlar” means any hawker, pedlar, petty chapman, tinker, caster of metals, mender of chairs, or other person who, without any horse or other beast bearing or drawing burden, travels and trades on foot and goes from town to town or to other men’s houses, carrying to sell or exposing for sale any goods, wares, or merchandise, or procuring orders for goods, wares, or merchandise immediately to be delivered, or selling or offering for sale his skill in handicraft;

Describing what a pedlar is allowed to be.

Remember that before the Pedlars Act there was no legislation and anyone could just go out into the streets and sell whatever they wanted.
Indeed you still can! if all you are selling is food or books or any common items as specified in Section 23 and if the place where you are selling has no other legislation such as the Local Government (Miscellaneous Provisions) Act 1982 Schedule 4 then you don't actually need a Pedlars Certificate!

There is no specific wording in the Pedlars Act that forces the pedlar to go from town to town and the act should not be read in a restrictive manner, otherwise there would be rules stating how long the pedlar was allowed to remain in one town before he had to move on to another town etc.

travels and trades on foot and goes from town to town or to other men’s houses


You can't say that if he doesn't go from town to town then he is not acting as a pedlar just as you can't say if he doesn't go to other men's houses then he is not acting as a pedlar.

So the answer is no. A Pedlar does not have to keep moving and he does not have to go from town to town, but he can if he wants to.

The act is worded in a 'giving' manner and should be read thusly , especially this bit:
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