9 Aug 2013 – South Ribble Council on ice-cream

Tal emailed pedlars.info 2 Aug 2013:

Hello Robert

I have just received a letter this morning from Ms Barrett from the Licensing Enforcement Officer at South Ribble Council.

Within her letter she states selling ice creams on the public highway from a modified barrow would fall under the provisions of the Borough Councils Street Trading scheme and as such I you would be committing offences without a valid street trading consent.

She further follows in her letter and states ‘ I must inform you that section 23(2) of the Pedlars Act 1871 excludes of vegetables, fish, fruit or victuals( which would include ice cream and food products) which means you would not be eligible for a pedlars certificate.

Ms Barrert informs me that if I continue to trade without a street trading consent, the I will be reported for the offence outlined in schedule 4, Regulation 10 of the LGMPA 1982, and be fined £1000.

How would you like be to progress. I was going to call her and dis cuss the matter.

Look forward to your response,

Kind regards

Tal

email response to South Ribble Council 17 Aug 2013 (drafted by pedlars.info):

Dear Ms Barrett

Your Letter dated 31 July 2013

I acknowledge receipt of above letter.

Your letter raises many concerns that seem to be entirely personal and lacking legal justification/interpretation.
The intimidation contained in your warning requires clarification.
I accept your invitation to respond.

Please confirm that you are aware that “acting as a pedlar” is “not street trading” and is therefore exempt from Street Trading Regulation under the LGMPA Schedule 4 Paragraph 1 (2) (a).
Please confirm precisely what you consider takes my trading activities outside the protection of the Pedlars Act and subject to your licensing regulation.
Please confirm that you are aware that a Certified Pedlar “acting as a pedlar” does not require a Local Authority “Licence”.
Please confirm if your local authority issues licences for “ambulant” traders or only “static” traders.

Please confirm that you are aware of Case Law allowing pedlars to use pedestrian means of carrying/transporting/exhibiting goods.
Please confirm that you are aware of recent legislation incl those in Bournemouth, Manchester, Reading, Leeds, Canterbury & Nottingham that accept this Case Law with qualification of allowable dimensions on pedlar’s apparatus.
Please confirm that you are aware that no such qualification exists under the adopted LGMPA.
Please provide legislative evidence that your opinion relies on statutory limitations on scale and proportion of my intended “pedestrian means”.

Please confirm that you are aware that “it is not necessary for a [pedlars] certificate” for foodstuff sellers.
Please accept that “being not necessary” does not prohibit obtaining a certificate and that your interpretation is invalid in law.
Please confirm that you have checked with my local Environmental Health Department and confirm that my intended products are “low-risk” and therefore outside EHD legislative remit concerning “high-risk” food products.
Please be aware that as a precautionary measure I do carry EHD registration.

It is clear to me that as a Licensing Enforcement Officer your expertise lies in the rigid licensing and control of all public liabilities caused by large scale static trading obstacles in the street.
Such valid concern does not apply to pedestrians or their diverse means of pedestrian apparatus which move about freely and can be moved easily if requested.
Your concern needs to be measured, balanced and proportional whilst acknowledging the lawful rights of Certified Pedlars, Licensed Street Traders, Local Authorities and the public.
I trust that you will reconsider the opinions contained in your letter and that should you require further clarification that you contact Parliamentary Agent Mr R Campbell-Lloyd – email: robert@pedlars.info.

Under LGMPA Schedule 4 Paragraph 10 Offences I have take all reasonable precaution and exercised all due diligence to avoid commissioning any offence and I therefore anticipate your acceptance of each of the above points or otherwise and that you will instruct your officers to provide courteous and respectful assistance to my pedlary activity within South Ribble Borough Council jurisdiction.

Yours sincerely

Tal [redacted]