5 April 2011 – Dorset Police concede

Press Release 5 April 2011 – Dorset Police revise Pedlars Application Form following formal complaint.

In Autumn 2010 pedlars.info was informed about possible discrimination in Form A Application for a Pedlars Certificate and we wrote a formal complaint – see 23 August 2010 below in blue. Today we can report that Dorset Police have revised the Form A as suggested by pedlars.info and attach the reply dated 5 April 2011 below.

pedlars.admin

5 April 2011
Dear Pedlars.info

Thankyou for your bringing this matter to our attention. I have been in consultation with our Force Solicitor and Chief Superintendant Searle, Head of Communications & Contact Services. Following these discussions I have now made alterations to the Pedlar Application Forms and they are currently in the process of re-printing and notification has been sent to our IT Department.

The following relates to the points you raised and how Dorset Police have addressed them;

1. Requirement for two passport size photographs – Like all legislation, there is a need for the Act to be effective in the functions that it seeks to address, so this is about registering individuals and as part of that registration, it requires personal details to ensure that it is ‘specific’ to that individual. So whilst the Act does not require a photograph, its whole purpose is to identify individuals and then provide that individual with authority. It is about balance and In this case the balance is between the imposition created by requiring the photo versus the service that requiring a photo will provide in preventing crime etc
There is now the line within the space for a photograph stating – ‘There is no requirement under the Act to do so; therefore failure of this is not a reason to refuse an application’

2. Applicant to identify ethnicity – This is a voluntary question for the purpose of monitoring the certificates issued by Dorset Police. Requesting user defined ethnicity is an accepted means of measuring that we are not discriminatory. In order to make this clear, we have again added the line – ‘ There is no requirement under the Act to do so; therefore failure of this is not a reason to refuse an application’

3. Give full explanation of what may be sold, means of carriage, areas likely to trade in. – I see no reason why this section needs to be kept, as it is not a requirement by law and provides no means to Dorset Police of identifying the applicant on the Pedlars Certificate. This section on the form has now been deleted.

Please find a copy of the new Dorset Police Pedlar Application Form attached.

Yours Sincerely

Insp 969

23 August 2010
Professional Standards Department
Dorset Police
01202 223808

Sir/Madam

It has been brought to our attention that your constabulary is currently issuing a form of application for a Pedlars Certificate that appears to oblige an applicant to provide more information than required by the Pedlars Act in which terms are stated for applicants and authorities alike.
Criteria are to be found in these schedules:
Pedlars Act – clause 5 (1).
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1871/cukpga_18710096_en_1

Your document, copy attached, states however:
first page top left corner – attach both photos here
6 – Applicant to identify ethnicity.
page 2 – give full explanation of what may be sold, means of carriage, areas likely to trade

These requirements are not required by law and are seen to be wholly inappropriate, unwarrantedand possibly intimidating and are not required to grant an application for a Certificate by the standard Form A of the Pedlars Act.
Your authority is sufficient to be able to grant the form of application and can be satisfied within seven days, with good reason, otherwise the applicant has the remedy to appear before judiciary.

You are no doubt  aware of the following legislations:
the Pedlars Act 1871 & 1881 makes provision for Certified Pedlars to act in good faith as a pedlar in any part of the United Kingdom without restriction;
the Local Government (Miscellaneous Provisions) Act 1982 exempts pedlary from Street Trading regulation;
the Bournemouth Borough Council Act 2010 exempts pedlary with provisions.

A simple but important remedy may be to identify those items in the application form that are not obligatory.

Pedlars.info cordially invites you to give https://pedlars.info the opportunity to inform pedlars and the public that Dorset Police Force has set out an approved form of application for pedlars and that it is helpful for public information and understanding.

Given your urgent attention to the above we look forward to your early response to this communication.

Yours faithfully
Pedlars Admin