25 May 2016- Council misuse of PSPOs
PEDLARS BEWARE
Local Authorities are attempting to write their own powers to subvert the National Pedlars Act that protects the Right to Private Trade in Public
Pedlars are aware that Councils are attempting to classify pedlary as Anti-Social Behaviour that carries Level 3 Criminal Sanction that will effectively prevent renewal of a Pedlars Certificate (because of a CRB/DBS entry).
Local Authorities are attempting to rely on charging pedlars with contravening a Public Spaces Protection Order known as a PSPO: – legislation that pedlars are determined to test if the Anti-Social Behaviour, Crime and Policing Act 2014 Part 4 Section 59 can be used locally against the Pedlars Act – a National Statute.
Pedlars are asked to contact pedlars.info immediately when approached by anyone claiming to have authority to be able to use a PSPO to prevent pedlary:
– there are specific rules that Authority has to abide by with regard to a PSPO and no pedlar acting as such under the authority of a valid Pedlars Certificate can be prevented to exercise freedom of movement or trade by issue of a PSPO.
Pedlars strongly recommend NOT TO PAY any on-the-spot Fixed Penalties issued under a PSPO.
Contact pedlars.info about any incident and note carefully all remarks made, by whom and continue to act as a lawful pedlar.
Any follow up is the responsibility of authority and pedlars can rely on the authority of the Pedlars Act.
Pedlars are not in a contract with a Local Authority and local authorities have therefore to justify their actions to the Crown and Parliament.
No Public Consultation or Impact Assessment has been carried out about PSPOs being used to disable the Pedlars Act.
The public likes a vibrant town and city environment with a healthy and economic diversity in traders but this is being deliberately suppressed by self appointed powers in the form of PSPOs being abused by local authorities.
Local Authorities and their agents whether police or private enforcers are not well versed in pedlary law and must be challenged.
OXFORD:
In Oxford the PSPO contains these idiotic restrictions attempting to wipe out pedlary:
PSPO f) – No person trading as a pedlar shall:
– remain in any location for more than 10 minutes unless it is to complete a transaction
– locate themselves within 50 metres of their previous location
– return to any location already occupied in the last three hours
– obstruct the highway or shop entrances.
OBSTRUCTION OF THE HIGHWAY IS AGAINST THE HIGHWAYS ACT and so a PSPO adds nothing to an existing law;
– “shop entrances” is not defined. It could be a large Mall with Public Thoroughfare access. No pedlar can be prevented from going where the public is entitled to go. A pedlar is a member of the public as much as any other subject of Her Majesty.
Note for researchers – click this link to a newspaper article in Oxford Mail about how another Oxford PSPO was defeated.
SWINDON:
Swindon Borough Council, having wished for a negative response about Pedlars has decided to ignore the Result of its own concocted survey.
The people of Swindon voted in favour of pedlary but the Council ignores the evidence of its own enquiry so as to prohibit pedlary in a PSPO:
PSPO 4) – Peddling/Street Trading Any person is prohibited from, at any time, peddling/trading goods without the written permission of the authority, even if licensed.
Swindon fact check attached:
British shoppers know of M&S, Marks and Spencer, St Michael, Michael Marks & Marcus Sieff.
Newspaper Headline…
What a budding entrepreneur can expect from a PSPO
M&S founder Michael Marks sanctioned a criminal by Local Council
Swindon & Oxford Councils prosecute the founder of Marks & Spencer for anti-social behaviour whilst attempting to build an iconic empire for consumers… fact or fiction… it could be any pedlar!
Please let us know if you have any news about other PSPOs.
If you are serious about protecting your rights and the rights of pedlars free trade then voice your concern with your local MP to raise questions in Parliament.
Robert
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