Street trading is baned in London1

[HunterBargan]

I have had an email come though from Westminster council that trading as a pedaler is not allowed and they use this legislation to do it

https://www.legislation.gov.uk/ukla/...tion/3/enacted
Section 3 exemptions

(e)trading by a person acting as a pedlar under the authority of a pedlar’s certificate under the [1871 c. 96.] Pedlars Act 1871, if the trading is carried out only by means of visits from house to house.

Dose this look like a genuine reason to stop someone earning a living and putting food on the table for them and there family or is there good clause to chalenge?
Thanks

[echat11]

There are tons of empty shops that you can rent for silly money, on your terms, rather then the 'hassle' of 'hawking goods' around, the hassle of the police etc.

[des8]

If you are trading as a Pedlar and have that certificate the City of Westminster Act 1999 should not be used to prevent you trading.
Note you must be trading as a pedlar

[HunterBargan]

There are tons of empty shops that you can rent for silly money, on your terms, rather then the 'hassle' of 'hawking goods' around, the hassle of the police etc.

I dont actually work like that! I sell good on rallies/ marches/ events, things like Tshirt and whistles and stuff. A shop or a stall would not not work

[HunterBargan]

If you are trading as a Pedlar and have that certificate the City of Westminster Act 1999 should not be used to prevent you trading.
Note you must be trading as a pedlar

Can you give me info please on how I could use this if a council warden was to stop me from trading.




I have spoken to other traders (who dont have the pedlers certificate) and they have had goods confiscated by the council in the past

[des8]

You need to carry a copy of the Westminster Act and your Pedlar's licence to show them you are entitled to trade

They probably won't believe you and will continue to try and stop you.
So you then need to take the guys registration number and ensure you get a receipt for the goods if they are confiscated.
Then you complain to the council, and when they dismiss your claim you sue them for return of your goods and loss of income.

[HunterBargan]

You need to carry a copy of the Westminster Act and your Pedlar's licence to show them you are entitled to trade

They probably won't believe you and will continue to try and stop you.
So you then need to take the guys registration number and ensure you get a receipt for the goods if they are confiscated.
Then you complain to the council, and when they dismiss your claim you sue them for return of your goods and loss of income.

I briefly remember talking to the other trader who had his good confiscated. And he said he went to court and got his goods back and he said he argued that his right to work was being stolen from him. Again I dont remember much of the conversation not but I have his number and I will ring him up soon!

But how do I argue this in court? I mean if they have a local bylaw in place to stop one from trading in public and to confiscate everything then how do I argue my common rights; like a publican arguing the right to trade though lockdowns

[des8]

What Local Byelaw are you referring to?
The City of Westminster Act 1999 is a Local Act, not a byelaw
I know that some local authorities have introduced byelaws to restrict Pedlar's activities, but basically enforcement is the responsibility of the Police, who have responsibility for issuing the certificates

[HunterBargan]

but basically enforcement is the responsibility of the Police, who have responsibility for issuing the certificates

Hay have a look at this part of the act!

27 Unlicensed street trading

(5)If an authorised officer or a constable has reasonable grounds for suspecting that a person has committed an offence under this section he may seize—

(a)any article or thing being offered for sale, displayed or exposed for sale; or

(b)any other article or thing of a similar nature to that being offered or exposed for sale which is in the possession of or under the control of any person who is displaying an article or thing; or

(c )any receptacle or equipment being used by that person,

which may be required to be used in evidence in any proceedings in respect of that offence, or may be the subject of forfeiture under subsection (9) below, provided that no article or thing which is of a perishable nature shall be seized under the provisions of this subsection.

(6)An authorised officer or constable may also seize, for examination purposes, any article or thing which he has reasonable cause to suspect may be an article or thing which is prohibited by a specifying resolution made under subsection (1)(b) of section 5 (Designation of streets and specification of articles) of this Act and unless the article or thing is required for evidential purposes it shall be returned as soon as possible to the person from whom it was seized.

(7)An authorised officer shall produce his authority if required to do so by the person having control or possession of anything seized in pursuance of the powers in subsections (5) and (6) above.

So first question is; is what I am doing classed as street trading or not?

[des8]

Street trading is selling or offering any article for sale in the street.
So pedlars are street traders, but a particular class of street trader

Are you genuinely a pedlar, ie a " hawker, pedlar, petty chapman, tinker, caster of metals, or other person who, without any horse or other beast bearing or drawing burden, travels and trades on foot and goes from town to town or to other men’s houses, carrying to sell or exposing for sale any goods, wares, or merchandise, or procuring orders for goods, wares, or merchandise immediately to be delivered (Pedlar's Act 1871)
The City of Westminster Act1999 limits your rights by banning street trading but exempting "trading by a person acting as a pedlar under the authority of a pedlar’s certificate under the [1871 c. 96.] Pedlars Act 1871, if the trading is carried out only by means of visits from house to house."

It is that final phrase "if the trading is carried out only by means of visits from house to house." by which they try to limit your right to trade and negate the national law.

[HunterBargan]

Street trading is selling or offering any article for sale in the street.
So pedlars are street traders, but a particular class of street trader
Are you genuinely a pedlar,

As far as I know I am; I travel to a city with my sack barrow where there is a march/ demo on. And I sell from the barrow wherever the group go or end up then when they leave I leave to as there is no one ells appart from them that will buy my stuff. And yes again I do have a pedalers cirtificate issued by GMP (Greater Manchester Police) Now when I showed a police office my cirtificate he said that is for Manchester and not London, but as I said to him that dose not matter where it is

The City of Westminster Act1999 limits your rights by banning street trading but exempting "trading by a person acting as a pedlar under the authority of a pedlar’s certificate under the [1871 c. 96.] Pedlars Act 1871, if the trading is carried out only by means of visits from house to house."

It is that final phrase "if the trading is carried out only by means of visits from house to house." by which they try to limit your right to trade and negate the national law.

Do you think that statement would have much credibility with a judge if my goods where ceased and I where taken to court for breach of this local law?

[des8]

I honestly don't know the answer to your question.

You are correct in that your Pedlar's certificate is valid throughout the country.

a pedlar's licence describes one who " travels and trades on foot and goes from town to town or to other men’s houses" (Pedlars Act 1871)

The Westminster Act is there to regulate street trading, but by virtue of his certificate a pedlar is exempt.
So the authorities have tried to limit that exemption to "visiting house to house" which is a bit of a spin on the wording of the Pedlar's Act 1871.


Now whether or not a judge/magistrate will accept arguments disputing the Westminster Act I don't know, and not sure if it would even be worth the effort.
If you should find yourself in that position remember that you have the right to consult the duty solicitor, and that is free.

[HunterBargan]

If you should find yourself in that position remember that you have the right to consult the duty solicitor, and that is free.

Dose that mean I get legal aid? I that a duty solisitor in court?

[HunterBargan]

Just been on the phone to another trader and he says there is something in Euro law about human rights that is that you have the right to work

[des8]

Any individual detained by the police has a right to a solicitor and advice free of charge
If you are charged with an offence that carries a prison sentence you are entitled to a duty solicitor at the magistrates court.
The penalty under the Westminster act is only a fine, but you might still manage to talk to the duty solicitor