The Pedlars Act 1871 applied to the United Kingdom and legislates for granting pedlars certificates to trade. The Pedlars Act 1871 was amended by the Pedlars Act 1881.
Pedlars Act 1871 and Pedlars Act 1881
The Pedlars Act 1871 defines a pedlar as a person who trades by travelling on foot between town to town or visits another persons house. The Act specifically exempts certain trades from being covered by the law, people selling at legitimate markets and fairs, those just seeking customer orders, and sellers of vegetables, fruit, or victuals.[1]
The Act requires pedlars to apply for a certificate to trade. As originally enacted the Act set the fine for a first offence of failing to have a valid certificate was 10 shillings, and for subsequent offences up to £1. The application for a pedlars certificate was made to the Chief Constable of the police in the district the pedlar wanted to trade. Before a certificate is issued the pedlar must have resided in that district for at least one month, be over the age of 17, of good character, and in 'good faith' intended to carry out the trade of a pedlar. The validity of a pedlars certificate was one year. As originally enacted the Act specifically mentioned a pedlars licence did not provide the holder with any exceptions from the provisions of the Vagrancy Act. The Pedlars Act 1871 placed several obligations on holder of a certificate, for example, the misuse or allowing others to misuse the certificate was an offence. If demanded, the pedlar was obliged to show their certificate to certain authorised people, such as a police officer. The Act gave the police the power to search anything containing the pedlars goods. [1]
The Pedlars Act 1881 amended the 1871 Act by allowing a pedlar to use a certificate granted to them throughout the United Kingdom without the need to re-apply to another Chief Constable.[2]
Applying for a Pedlars Certificate
Currently, an application for a pedlars certificate is made at a persons local police station. The application fee for 2018 is £12.25. The criteria for issuing a certificate is that they must have resided in that local authority for at least 28 days. An applicant requires a photograph, proof of identity and address, and the details of a referee.[3]
If required to do so, a pedlar must produce their certificate. Trading without a certificate or allowing somebody else to use it is an offence with a maximum penalty of a fine up to £200. Providing false information when applying for a certificate, or making or carrying a forged certificate is an offence with the maximum penalty of up to 6 months imprisonment.[3] The Police still use the Act, for example in 2017, Derbyshire police seized the goods of a pedlar trading without a certificate.[4]
Debates about the Pedlars Act 1871
Various calls have been made to reform the pedlar laws. In 2012, the Department for Business Innovation and Skills considered the relevance of pedlar legislation, but considered it a matter for decision at a later date.[5] The Association of Town & City Management say the current peddling laws cause one of most compex problems about on-street trading.[6] Argued is local shopkeepers and retailers view peddling as undesirable and unfair competition. It is said that pedlars are not restricted where they trade and can legitimately stand outside a shop and sell the same goods, they cause congestion on certain city centre street, and are less accountable for any counterfeit or substandard good sold by them, and they cause congestion on certain city centre streets.[6][7]
Since 1999, pedlars have raise concerns about the attempt of some local government authorities to pass private laws to circumnavigate pedlar laws and restrict their trade,[8] for example, the City of Westminster Act 1999[9], and Maidstone Borough Council Act 2006.[10]
External Links
References
- ^ a b "Pedlars Act 1871". www.legislation.gov.uk. Retrieved 25 May 2018.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ "Pedlars Act 1881". www.legislation.gov.uk. Retrieved 25 May 2018.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ a b "How to apply for a pedlar's certificate". GOV.UK. Retrieved 25 May 2018.
- ^ "Goods seized from man trading without pedlars certificate in Youlgrave". www.derbyshirealert.co.uk. Retrieved 25 May 2018.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ Department for Business Innovation and Skills (2012). "Street Trading and Pedlar Laws. Compliance with the European Services Directive Impact assessment" (PDF). Gov.UK. Retrieved 25 May 2018.
{{cite web}}:|last=has generic name (help); Cite has empty unknown parameter:|dead-url=(help); line feed character in|title=at position 81 (help) - ^ a b Association of Town and City Management (2018). "Street Trading & Pedlars". www.100ways.org.uk. Retrieved 25 May 2018.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ Hough, B (2003). "Licensed street trading and pedlars" (PDF). Mountbatten Journal of Legal Studies. 7 (12): 5–32.
- ^ "Pedlar Legislation". pedlars.info. Retrieved 25 May 2018.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ "City of Westminster Act 1999". www.legislation.gov.uk. Retrieved 25 May 2018.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ "Maidstone Borough Council Act 2006". www.legislation.gov.uk. Retrieved 2018-05-25.