Pedlars

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licensing.unit@adur-worthing.gov.uk

Pedlars

Street Trading or Pedlary

Street trading means the selling, or exposing or offering for sale, of any article (including a living thing) in a street. A street for the purposes of this definition includes any road, highway, footway, beach or other area to which the public have access without payment.

Under the Local Government (Miscellaneous Provisions) Act 1982 Worthing has adopted Street Trading Restrictions in the town centre with much of the town prohibited for the purposes of street trading. These areas are vigorously patrolled and breaches to the Local Government (Misc. Provisions) Act are enforced.

A pedlar is someone who travels and trades on foot, going from town to town or house to house selling goods or offering their skills in handicrafts and selling such things as pictures, dusters and household goods. A pedlar must hold a certificate granted by a chief constable. The certificate is valid for one year and applies throughout the United Kingdom. Certificates cannot be issued to people under the age of 17.

To apply for a pedlar's certificate, contact your local police station. Someone who acts as a pedlar without a certificate commits an offence.

A person legitimately trading under a Pedlar's Certificate from the Police may also trade in a street, even those with street trading restrictions in place, on a limited basis, provided they abide by the following rules:

• A pedlar is a pedestrian.
• A pedlar trades whilst travelling rather than travelling to trade.
• A pedlar goes to customers rather than allowing them to come to him/her.
• A pedlar is a seller rather than a mender.
• A pedlar must not remain stationary for long periods of time.
• A pedlar must not set up a stall and wait for people to approach.

The Pedlars Act 1871 specifically precludes the now common place practice of a pedlar standing in one place for an extended period of time to sell their goods or services.  The Pedlars act defines the difference between street traders and pedlars as “Street traders travel to trade, whereas a pedlar should trade as they travel.”  Furthermore the practice of standing for 15 or 20 minutes that is often quoted as a Pedlar's right is in fact to allow the pedlar to take a break and that during this time he or she should not be trading. 

Pedlars legitimately trading are welcome in the borough but traders using a pedlar’s licence to illegally participate in street trading in prohibited or consent streets could face enforcement action including the possibility of prosecution under the Local Government (Miscellaneous Provisions) Act 1982.

Conviction at the Magistrate's Court of unauthorised street trading under the Local Government (Misc. Provisions) Act 1982 is liable to a fine of up to £1000 per offence.

For more information regarding Pedlary please contact the Licensing Unit.

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