The law on Pedlars dates back to 1871, which introduced the need for pedlars to obtain a certificate before commencing to trade.
These provisions are still in force for most parts of the country and anyone who is over the age of 17 can apply to the local police station to trade in the area that they live, providing that they have lived in the area for at least one month. The cost of a certificate is currently £12.50 and lasts for no longer than one year. It is a legal obligation that application forms, which are prescribed by the Pedlars Act, be kept at each police station.
The law defines pedlars in some detail, but this has been built upon by a number of important cases that have been considered in the courts. In particular, pedlars are defined as people who trade as they travel and whilst it is not permissible to run a stall under a pedlars’ certificate, it is possible for a pedlar to have some form of aid to transporting their wares from place to place.
Some parts of the Country, notably in London, have restrictions which limit trading to ‘house to house’ and other local authorities are currently considering restrictions that pedlars cannot remain in one position for more than a set period of time.
Certain exemptions exist, including for those who solely take orders, those who sell vegetables, fish or fruit and those selling in a public market.
There have been a number of consultations by government on reforming the law on pedlars, but the final proposals have yet to be seen.
We are able to assist in applying for certificates, appealing refusals for their issue or defending enforcement action. It is often the case that the rather complicated law is not understood by enforcement officers and we are working to try and promote better knowledge throughout the country on this topic.
