New rules for street trading and pedlars

Rebecca Wilkinson

Nov. 2, 2018

Allerdale Borough Council’s Licensing Committee agreed changes to its policy on street trading on 31 October 2018.       

The updated policy has come about due to changes in the legislation and recent case law, as well as complaints received by the council from licensed street traders regarding people who they believe to be operating outside of the terms outlined in their pedlars’ certificate. The previous policy was agreed in June 2006. 

The council has therefore devised a new Street Trading Policy and a Guidance for Pedlars. 

The Street Trading Policy outlines the policy and procedures for granting street trading licenses. The new policy recognises the valuable contribution street trading makes to the local economy and the communities in Allerdale. However, it also seeks to address the negative impacts of uncontrolled street trading such as litter, disturbance, public safety as well as the detrimental impact on established traders and shops. 

The policy outlines reasons for refusing or withdrawal of street trading consent. These include: the loss of amenity caused by noise, odour, litter, disturbance or anti-social behaviour; limitations on space; convictions; and failure to comply with the conditions of the consent. 
The policy also lists the streets where trading is prohibited. 

The Guidance for Pedlars clarifies the definition of a pedlar, as well as the application process and how the council will enforce contraventions. A pedlar is defined as someone who goes from town to town and cannot be based in just one town in the borough. They must not stay in one selling location for more than 10 minutes, when they have to move to a new location which is at least 50m away. No location (or a location within 50m of where selling has occurred) can be used again for three hours. The guidance does allow selling to continue beyond 10 minutes if a transaction is still in process, and a pedlar can sell within 50m of a previous location if they are approached by a customer whilst moving. 

The guidance also outlines the application process for a pedlars’ certificate and the enforcement approach to be taken by the council. It is hoped that more council officers will be able to carry out enforcement duties than have been available in the past. 

Cllr Angela Kendall, chair of the committee, said: “It’s important that we get the balance right between keeping our towns vibrant but also having a fair and transparent system for all traders, so it is right to review this policy and guidance.”