19 Aug 2013 – Is my trade legal
Pedlar Clive wrote:
17 July: Hi its clive from [redacted], my next venture is to buy a smurf or peppa pig suit and allow kids to get their photos taked for a recommended donation of £1. Do I need anything more than a pedlers. Is it legal to do this? I shan’t be mentioning the name Peppa pig any where but I may have a board saying recommended donation £1.
What do you think?
20 Aug pedlars.info reply:
Hi Clive
You were going to send us Wyre B C response… I suspect they didn’t have any valid comment?
The Pedlars Act makes provision to trade in any goods or services, any price, any place, any time.
An erroneous Statutory Order December 2009 prepared by BIS to remove chair-menders and handicraft traders from the Pedlars Act revealed government/civil servant negligence in understanding the principle of the PA and the European Services Directive and this ignorance has led to pedlars desperate concern that further proposed meddling lacks scrutiny or serious consultation especially with those directly affected. There is currently silence from BIS and a steadfast policy refusal to respond to correspondence, meetings, complaints, FoI requests… similar to Wyre BC.
That councils are commonly incompetent to differentiate between pedlary and street trading and most likely by intent but here is what can be stated:
Pedlars are lawful street traders but regulation differs under the authority of a “certificate” or a “licence”.
The Pedlars Act simply allows a person to step out of doors to go about and meet up with any other person within public law and order.
The Pedlars Act provides a person with a Certificate of good intent… bona-fides.
A certificate attests to honest intent by a person offering anything [or other] in good faith.
The pedlar may simply offer conversation or immediately complete a private contract about either goods or services that satisfies both parties.
Legislation for licensed street traders provides exemption from that regulation for “acting as an authorised pedlar”.
The Pedlars Act is the most allowing and enabling piece of legislation on the UK statute book… is available gratis to some 50 million people.
Why would any government consider destroying such a wonderful direct protection of freedom and liberty for individual and society?
With what purpose does government consider repealing such social and humane liberty?
This government refuses to make its case and intends using bulldozer powers called a Statutory Instrument.
With the fallacious pretense of providing greater freedoms to pedlars, ministers intend imprisoning pedlars under local authority sanction/regulation/licence/shut-down.
BIS policy undermines Crown authority of unhindered free trade and harms consumers by providing councils with monopoly powers to limit free trade and competition.
Questions have been asked of the British government… with a reply of deafening silence.
So at this moment you are free to dress up as Vince Cable, Jo Swinson or the Queen and provide a public service that informs the public that government policy regarding entrepreneurship is in total disarray.
There is no legislation to restrict pedlars displaying a price or asking for a donation but £1 does seem like an undervaluing of an important public service.
We at pedlars.info receive no funding other than from pedlars who value our work on behalf of the many and all contributions go towards actual costs.
Robert
6 Sept: Hi… can you confirm that I am ok to dress up as a Minion from the film Despicable me and charge people for photos with their kids etc.
I have herd to day, don’t know if its true that trading standards will confiscate any costumes and contact the rights owners to see if we have permission to use it and I suppose keep it if they can. We wouldn’t be using anything that said minion etc it would just be a large costume that looked like a minion.
This info came from another street traded who has been dressing as iron man.
The costume is ordered and paid for. What are your thoughts. I have made a donation and if all goes’ well I will again.
Regards Clive
7 Sept reply:
Hi Clive
Chinese whisper will drive you nuts… you’ll have to go to source.
Call the sellers of the costume and ask them about performing usage, rights and trading standards.
Then call trading standards and ask them if they have any issues with your proposal to dress up however you wish.
Pedlars often find that asking for a “donation” provides greater income than “charging” a price… people will always ask how much and/or be shamed into contributing… the key legal point is that you are not “selling” anything… it is more akin to “busking” for donations.
You will know what to do when you have investigated further.
I’d be interested to be kept in the loop.
Robert
7 Sept: Hi Robert… Thanks for that. To day a friend of mine got charged with illegal street trading using a pedlars licence. His wife has a gammy leg so they decided to sit down for lunch and a rest, but in that time 57 mins they also made 5 sales.
Trading standards had been filming them from a door way cautioned them and said they would receive a summons and that they were not permitted to stand in the same spot for more than 20 mins?
They were also told next time they would bring a van to remove goods.
This is the busy time for pedlars in Blackpool for selling light up novelties. I found out to day that one chap employs 6 or 9 lads and pays the council for the right to stand un accosted in the same positions all night Blackpool does not allow street trading so how does this bloke get away with it? Ill let you know.
Also where can I get a copy of the pedlars act.
Regards Clive
8 Sept reply:
Clive… go to…
https://pedlars.info/pedlar-legislation
your friend should reject and appeal any summons… we are here to assist
Robert
26 Sept 2013:
Hi Robert
Well I did what you recommended I contacted the manufacturer regarding the costume he said its ok not licenced and is generic? I have also contacted Universal to see if they have a problem with the costume, still waiting for reply.
I also contacted trading standards about it still awaiting their reply, but we went out last Saturday and trading standards swerved us.
We are thinking of trading in Manchester, Liverpool, Chester, Leeds do you know of any problems we need to know about in these city’s, that might bite us.
Regards Clive
27 Sept 2013 reply:
Clive
OK… that’s progress and enables you to at least have mitigated your actions should they be wrongly judged to be an offence.
Thing is… most enforcement persons will not easily categorise your activity… is it pedlary… is it street trading… is it busking… is it for gain or reward… is it outside the remit of all agencies… time will tell how it is viewed.
Some words of caution about Manchester, Liverpool and Leeds… as you may know they have introduced private legislation to beef up the potential harm against pedlars and you may like to try to read the almost unintelligible Acts yourself… our advice in those jurisdictions is never to establish a static pitch for more than 4.5 minutes… there’s a 5 minute rule… so if you have a handy pocket timer that rings every 4.5 minutes you can say to your customers… opps I have to move… would you mind moving with me a few steps… in this way the rest of the sections in the legislation cannot bite.
Chester is a very nice city with an unnecessary hostility towards pedlars and from recollection they have adopted the LGMPA for licensed traders so be sure always to ask what legislation is being referred to.
Stand your ground and keep us in touch with any incidents.
best wishes
Robert et al