October 2011 – Letter to BIS re Services Directive

Implications of BIS policy formulation URN11/542

It is understood that BIS will publish draft legislation later this year but the policy statement in URN11/542 to amend the exemption for pedlary in local Acts and the LGMPA / LLAA does not remove the burden of ‘potential victim status’ unless the definition of ‘Street Trading’ in all legislation is amended to allow unlicensed trading without authority by any person: ‘trading’ in all legislation is “selling or exposing for sale any goods”.

The Pedlars Act differs in principle from ‘street trading regulation’ and that is why pedlary is an exempt activity when referred to in the restrictive ‘control’ regulations of Street Trading. This means that no regulation applies to ‘pedlary’ other than the Pedlars Act.

For those who continue to not understand the Principle engaged by the Pedlars Act:

The Pedlars Act provides common law privilege to any eligible pedestrian person above 17 to trade with complete freedom based on purely individual decisions.

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