2024 Logie – v – Birmingham City Council

Landmark Ruling affects all LGMPA jurisdictions regarding Pedlary

Pedlars.info successfully acted in Judicial Review as lay-representative for pedlar Andrew Logie on 23 May 2024 and overturned how licencing officers in Birmingham interpret and apply the Pedlars Act exemption clause within the Local Government (Miscellaneous Provisions) Act 1982, LGMPA.

The 26 page judgment sets out the case in detail by summarising 10 previous case law authorities from 1956 to 2012.

At page 21 point 44 the judge lists 7 qualifications for pedlars acting in LGMPA jurisdictions.

In the case of Tunbridge Wells – v – Dunn 1996 the pedlar’s allowable stationary period of trading was up to 20 minutes but that stationary period of displaying goods has now been extended to 30 minutes before the pedlar must move on to find other customers.

At point 52 of the judgment there is no set distance the pedlar must move and the judge points out for example that if the other side of the street is sunnier and has more customers the pedlar may cross the street to be nearer them.

All pedlars operating within LGMPA jurisdictions should act according to this revised law and carry a copy of this authority in case of challenge from ill-informed enforcement officers.

The fact that Mr Logie used a timing device was sufficient evidence that he was monitoring his movements that justified acting as a pedlar.

Judicial Review Judgment – download this Authority

Judicial Review Bundle – Judicial Review Bundle fob Appellant

Expert Report – prepared for Appellant but refused to be heard in Judicial Review – Expert Report

Appellant Skeleton Argument in Judicial Review – Skeleton Argument fob Appellant