13 April 2025 – Objection to Proposed PSPO’s – Birmingham & Bristol

Objection to Proposed PSPO’s by Birmingham & Bristol City Councils’ — Unlawful Ban on Certificated Pedlars

Pedlars are seriously concerned about these city council’s proposed Public Spaces Protection Orders (PSPO) which seek to prohibit “peddling” — including, explicitly, lawful pedlary undertaken by individuals holding valid Pedlars’ Certificates issued by police under the Pedlars Acts 1871 and 1881.

The Pedlars Act is unique in law to state that a person is an honest person, a person of good character. It is perverse of a local council to criminally charge a pedlar under a local authority Act (LGMPA), by-law or ordinance (PSPO).

This proposed ban is unlawful, as it:

• Contravenes primary legislation, namely the Pedlars Acts, which grant certificated pedlars the right to trade “in any place throughout the United Kingdom”;
• Infringes upon Article 1, Protocol 1 of the European Convention on Human Rights, by depriving individuals of the lawful use of their certificate — a recognised legal possession;
• Relies on anecdotal and unsubstantiated claims that contradict government research, including the 2009 HMG Report which concluded certificated pedlars present no demonstrable detriment to city centres;
• And misleads enforcement officers and the public by using the vague term “peddling”, rather than targeting unauthorised or illegal trading, which would be the appropriate legal focus.

The council PSPO’s risk criminalising lawful trade, exposing the councils to Judicial Review and undermining public confidence in fair, evidence-based governance.

This link provides a detailed formal objection outlining the legal basis for this challenge and proposes an appropriate amendment to the PSPO’s that would preserve lawful rights while addressing genuine enforcement concerns.

Pedlars urge Birmingham and Bristol City Councillors to review these PSPO’s, where appropriate and intervene to prevent the unlawful criminalisation of legitimate pedlary — a tradition rooted in law and history, and protected by both statute and human rights law.

Pedlars.info

13 April 2025

e&oe