27 April 2025 – Why PSPO’s Cannot Lawfully Ban Pedlary

Why PSPOs Cannot Lawfully Ban Certificated Pedlary

The Pedlars Acts 1871 and 1881 grant certificated pedlars the right to trade “in any place throughout the United Kingdom.”
Section 24 of the 1871 Act simply preserves existing local powers — it does not allow local authorities to override pedlars’ national rights.

A PSPO made under the Anti-Social Behaviour, Crime and Policing Act 2014 is secondary legislation and cannot override primary legislation unless Parliament expressly allows it — which it has not.

A PSPO that bans lawful pedlary:

• Contradicts primary law, making it ultra vires;
• Breaches Article 1, Protocol 1 of the European Convention on Human Rights (right to peaceful enjoyment of possessions);
• Fails the PSPO statutory tests of being necessary, proportionate, and evidence-based.

Such PSPO clauses are unlawful.

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