13 March 2019 – What is a Pedlar
What is a Pedlar?
A pedlar is a self-regulated certificated pedestrian service provider European Services Directive Article 4 that travels and trades within any part of the United Kingdom Pedlars Act 1881 Section 2, carrying to sell or exposing for sale any goods Pedlars 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 year Pedlars 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 pedlar Pedlars Act 1871 Section 5(5). An Application Form is available gratis Pedlars Act Section 9 at an applicant’s local police station. A Pedlar’s Certificate costs £12.25 per annum The 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. Street trading by a person within conditions of a Pedlars Certificate is not Street Trading Local Government (Miscellaneous Provisions) Act 1982 Section 1 (2) (a) for the purposes of local Street Trading regulation. A Local Authority issues licences or consents 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 goods case law . A pedlar is entitled to remain static whilst displaying goods and serving customers. Although it is not ‘necessary’ to have a certificate to trade foodstuffs nothing prohibits obtaining a certificate for the purpose Pedlars Act 1871 Section 23 to avoid commission of a local Street Trading offence.