Detail of outcome
This response document outlines how the government is going to make sure that the UK’s pedlary and street trading regimes are compliant with the EU Services Directive. We will:
- retain the Pedlars Act 1871 and 1881
- remove the requirement for a pedlar to have lived in the area where he or she wants to operate
- work with the police to make sure that the good character check for a pedlar’s certificate is objective and is applied consistently across the UK
- amend street trading legislation so that undue restrictions on licenses for street traders are removed
Detail of feedback received
We received over 180 written responses from local authorities, police, pedlars and members of the public. The consultation was extended twice to ensure we received as many responses as possible.
This consultation ran from to
Seeks views on draft regulations, repealing the Pedlars Acts (UK wide) and changing street trading law in England, Wales and Northern Ireland.
We want to know your views on draft regulations amending street trading and pedlary laws, to meet requirements of the Services Directive.
We’re asking for views in the following areas:
- repeal of the UK wide Pedlars Acts 1871 and 1881
- a new, clear and up to date definition of what behaviour forms acting as a pedlar for the purposes of the pedlar exemption under the street trading regimes of England, Wales and Northern Ireland
- changes to Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 to ensure compliance with the Services Directive - (the street trading regime of England and Wales)
- changes to the Northern Ireland (Street Trading) Act 2001 to ensure compliance with the Services Directive
Our March 2011 government response to the 2009 consultation, explains our views on how to meet the new requirements in the Directive. The consensus is that the retail sale of goods is generally a service activity within the scope of the Directive. Since pedlars and street traders are engaged in the retail sale of goods, we have concluded that changes are required to both of these regimes.
The UK government and the Northern Ireland Executive are therefore seeking views on the repeal of the Pedlars Acts and changes to their respective street trading regimes. The Scottish government is only seeking views on repeal of the Pedlars Acts.