13 March 2019 - What is a Pedlar Print

 

What is a Pedlar?

A pedlar is a self-regulated certificated pedestrian service providerEuropean Services Directive Article 4 that travels and trades within any part of the United KingdomPedlars Act 1881 Section 2, carrying to sell or exposing for sale any goodsPedlars Act 1871 Section 3. The Pedlars Act 1871/1881 protects the bearer's civil liberty to freely trade in public under the authority of a Pedlar's Certificate.

The Principle of the Pedlars Act

The Principle of the Pedlars Act provides common law privilege to an eligible pedestrian person to trade with complete freedom based on a simple private contract within any part of the United Kingdom.

How to apply for a Pedlar's Certificate

A Pedlar's Certificate is a document granted by the Commissioner of Police. The Certificate is valid for 1 yearPedlars Act 1871 Section 5 and applies throughout the United Kingdom. An applicant must be above 17 years of age, has residence in the local police district for one month prior to application, be of good character and intends in good faith to act as a pedlarPedlars Act 1871 Section 5(5). An Application Form is available gratisPedlars Act Section 9 at an applicant's local police station. A Pedlar's Certificate costs £12.25 per annumThe Pedlars Certificates (Variation Fee) Order 1985 Section 2.

Acting as a Pedlar

A pedlar may trade privately at the door of a person's house or in a public street, market or fair Markets and Fairs Clauses Act 1847 Section 10. Trading by a person within conditions of a Pedlars Certificate is not Street TradingLocal Government (Miscellaneous Provisions) Act 1982 paragraph 2 sub para (2) for the purposes of local Street Trading regulation according to Local Authority licences or consents issued for static street trading pitches within allocated spaces. A pedlar's means of trading must be mobile and movable so as not to cause obstruction or public liability on the highway. A pedlar is also described as a hawkerPedlars Act 1871 Section 3 amongst other descriptions. A pedlar may use a pedestrian scale mobile device to carry and display goodscase law. A pedlar is entitled to remain static whilst serving customerscase law. Although it is not 'necessary' to have a certificate to trade foodstuffs nothing prohibits obtaining a certificate for the purposePedlars Act 1871 Section 23 to avoid commission of a local Street Trading offence.

Legislation affecting Pedlary

Pedlars should be aware that in some council districts there is local Street Trading legislation that may affect pedlary.

Further Information

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