Government to axe "archaic" laws in reforms to pedlary and street trading

The Government has launched a consultation on reforms to the laws on pedlary and street trading which would see the “archaic” Pedlars Act 1871 scrapped.

The main change will see the introduction of a new definition of pedlary for the purposes of the pedlar exemption from the street trading regime in England, Wales and Northern ireland.

The Department for Business, Innovation and Skills said the changes would ensure compliance with the European Services Directive, which was implemented into UK domestic law through the Provision of Services Regulations 2009.

The consultation “also reemphasises the need for local authorities in England and Wales to screen their local street trading legislation against the requirements of the directive”.

It says: “Many local authorities have their own local street trading legislation in place to enable them to regulate street trading in a way that they consider best suits their local needs. However, such legislation also needs to be fully compliant with the directive.

“All local authorities who have local street trading legislation need (if they have not already done so) to analyse their legislation against the directive’s requirements.”

It adds that the UK Government has offered, in relation to those local authorities in England and Wales who conclude that amendments are required to their local primary legislation in order to secure compliance with the directive, to make these amendments in the Government’s proposed Regulations.

This is “providing that the relevant local authority provides to us, by the end of the period for responding to this consultation or as agreed by us, appropriately drafted provisions to achieve the amendments which can be slotted into the Regulations (together with an explanation of why those amendments are required).”

The paper says this will alleviate the need for a local authority (whose local street trading legislation is identified as not being fully compliant with the directive) to promote primary legislation to achieve the necessary legislative changes.

Consumer Affairs Minister Jo Swinson said: “Some of the best places to shop are our vibrant street trading stalls, which are an important part of traditional British culture. The changes we’re proposing will help to eliminate barriers to street traders and pedlars by making it easier to trade, boosting retail and helping small traders – including many young entrepreneurs - to expand and grow. 



“The Pedlars Act is an archaic law which requires those wishing to peddle to obtain a pedlar’s certificate (and pay a fee for this) at a time when small businesses are at the heart of continuing growth in the UK - this is unhelpful and restrictive bureaucracy. These proposed changes will help give a boost to those that trade on the street.”



But the Local Government Association expressed concern over the plans to scrap the Pedlars Act and remove council powers to refuse applications from street traders on the grounds of the number of other shops and traders in a particular area.

Cllr Mehboob Khan, chairman of the Association’s Safer and Stronger Communities Board, said: “Councils are working hard to boost growth and support local businesses and will always consider applications from street traders based on their merits. Removing the ability of residents, businesses and local authorities to have a say on where street traders can set up would be both unnecessary and counterproductive.


“This could potentially turn the nation’s high streets into a free-for-all for street traders, while scrapping the Pedlars Act risks jeopardising the progress councils have made in tackling the rising tide of bogus cold callers who prey on the elderly and vulnerable."

Cllr Khan added: “The work local authorities do to regulate street trading is not just about protecting customers, but ensuring other businesses can prosper too. Far from boosting growth and free enterprise, allowing a street trade free-for-all is likely to drive customers away from the high street and create an unlevel playing where legitimately run shops and market stalls find themselves struggling to compete.

“Scrapping the Pedlars Act is likely to lead to an increase in door-to-door cold calling and could potentially put the public at greater risk of falling victim to rogue traders and rip-off merchants.”

The consultation, which can be viewed here, closes on 15 February 2013. 

Philip Hoult