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Unlawful Street Trading and Pedlars

Friday 22 August 2008

It seems that the research is already well advanced and questionnaires have been sent to every local authority in the country asking questions about street trading and current arrangements for dealing with enforcement and other issues. The initial closing date for return of the questionnaires was the middle of August but the University has indicated that it is prepared to receive completed questionnaires throughout September. So far approximately seventy questionnaires have been returned so there is clearly scope for much more information to be submitted.

 

There seems to be some doubt about where the questionnaire might have been directed within the each local authority so to avoid any further doubt a copy of the relevant questionnaire can be obtained from the Nabma office. It is important that every local authority concerned about this issue ensures that a return is made and therefore you are encouraged to liaise with appropriate officers and agencies within the local authority and return the questionnaire as soon as possible.

 

In addition to seeking information from local authorities the University has also devised questionnaires for traders, pedlars and the police to obtain a cross section of views on street trading issues.

 

An initial report is due to be submitted by the University to the Department at the end of September with a final report following a month later. While the initial report is unlikely to be made public it is anticipated that the final one will subsequently be published by the Department. Depending on the view taken by the Minister this might then lead to further formal consultation on possible legislative changes.

 

During the discussions Nabma, NMTF and ATCM provided lots of background material provided by members about the problems faced in particular areas of the country. There appeared to be an acceptance that there is “a good case for modernizing the law” but this might be achieved by preserving the concept of a pedlar particularly in the context of human rights legislation and the desire to preserve the activities of bona fide pedlars.

 

There was some concern expressed by Nabma, NMTF and ATCM that the remit of the research was too wide and that the questions being asked appeared to be directed at a much more detailed review of street trading law but the University and Department felt that it is necessary to consider a wide range of issues to come to a considered view.

 

Further discussions are planned with the Local Government Association and representatives of local police forces and the views of consumers are also being sought.

 

The initial research has indicated that the problem of unlawful street trading is more of an issue in urban areas and many rural local authorities are not interested in any change in the law. This is consistent with the research already undertaken by Nabma, NMTF and ATCM and is one of the reasons why we argue that the revised legislation should be adoptive in the same way as the current trading legislation is adoptive.

 

The position of Nabma, NMTF and ATCM remains the same insofar as we believe that street trading should be regulated by local authorities and that local authorities should be given increased powers of enforcement particularly through the seizure of goods. This position is entirely consistent with the local legislation that has already been enacted and the local Bills that are currently “blocked” in Parliament.

 

If the concept of a pedlar is to be preserved then the licensing should the responsibility of the local authority rather than the police and the licence should be local in nature rather than national.

 

Obviously there is still a long way to go but it is important that we continue to make out a case for the reform of the current legislation. A main part of the argument advanced was that unlawful street trading is blight on town centres and is prejudicial to existing market traders and retailers.

 

Please make sure that the questionnaire, referred to above, is returned to Durham University and keep providing us with examples of the problems you face.

 

Updates will be provided as they are received.