PEDLARY IS UNDER THREAT

your liberty and freedom is the subject of government consultation - don't let them confuse you  - inform yourself

 

Case Law PDF Print E-mail

 

This is a list of useful case law in matters concerning whether a pedlar is acting as a pedlar within definition or, whether the activities of the person fall outside the definition of a pedlar. Links to downloadable .pdf's with full text will follow shortly. Please send us missing full text cases to include in this article.

 

 

2002 London Borough of Croydon –v- William Burden

1997 Chichester County Council –v- Wood
1. each case depends on its own facts
2. a pedlar goes to his customers rather than allowing them to come to him
3. a pedlar trades as he travels rather than travels to trade
4. a pedlar is a pedestrian
5. if a pedlar is a seller, rather than a mender, he sells reasonably small goods
6. he is entitled to have some small means of assisting his transport of goods such as a trolley
7. it is necessary to consider his whole apparatus of trading and decide if it is of such a scale to take the person concerned out of the definition of a pedlar
8. the use of a stall or stand or barrow may indicate an intention to remain in one place or in a succession of different places for longer than is necessary to effect the particular sale or sales indicating that he is a street trader and not a pedlar
9. if he sets up a stall or barrow and waits for people to approach him rather than approaching them that is an indication that he is a street trader and not a pedlar

1996 Wrexham Maelor Borough Council –v- Roberts
1. not necessary for a trader who relies on his pedlars certificate to demonstrate that he was going somewhere in particular
2. a pedlar may walk up and down a busy shopping street

1996 Stevenage Borough Council –v- Wright

1996 Tunbridge Wells Borough Council –v- Dunn
1996 Westminster City Council –v- Elmasoglu

1994 Shepway District Council –v-Vincent

1994 Normand –v- Alexander

1993 Pepper -v- Hart

1. if primary legislation appears ambiguous then the court may consider the historical context in which the legislation was enacted together with references in Hansard

2. to avoid adopting a strict constructionist view of interpretation imposing a literal meaning of language 

1993 Prentice –v- Normand

1989 Manchester City Council –v- Taylor

1988 Watson –v- Malloy

 
 

 

My evil trade - Link to video

 

About Pedlary

the above video reveals what pedlars are being subjected to

HMG consultation began 6 Nov 2009 and ended 12 Feb 2010

BIS analysis of stakeholder feedback may take some months....keep posted

Advice on Court Hearings

Pedlars are advised to Appeal any and all convictions - ask for help