Town centre managers hit out at DBIS U-turn over repeal of Pedlars Acts

The Association of Town Centre Management (ACTM) has hit out at the Government over its approach to the legislation governing street trading.

The Department for Business, Innovation and Skills last week announced that, following a consultation, it would not press ahead with plans to repeal the Pedlars Acts.

DBIS added that it would not change the definition of ‘pedlary’, but would amend the certification process under the Acts to ensure it was compliant with the Services Directive.

The Department’s formal response to its consultation said the April 2015 changes would include:

• amending street trading legislation “so that undue restrictions on licences for pedlars and street traders are removed”;
• character checks to include a search of the police national databases to be applied consistently across the UK; and
• removing the requirement for a pedlar to have lived in the area where he or she wants to operate. (This requirement was deemed not to be compliant with EU law).

The response also revealed that police and local authority had significant concerns at a proposal to abolish certification.

But the ACTM has expressed its disappointment at the Government’s "lack of action on illegal street traders”. It argued that:

• Inaction on illegal street traders “contributes to a poor trading environment and shows disregard for consumer protection”; and
• Adopting legislation enacted in other parts of the UK “would provide a satisfactory and modern street trading system”.

The Association claimed that problems with the existing street trading legislation were extensive, “unnecessarily placing the burden of administration and enforcement of pedlars on the police, creating numerous health and safety concerns with congestion on busy high streets and no form of redress for consumers who purchase faulty or counterfeit goods”.

It also argued that the current position also created unfairness for bona fide traders on markets and market-type events, licensed street traders and other local retail offers, who paid a variety of fees and taxes avoided by illegal street traders.

“This situation creates additional problems for town centres trying to bring confidence and economic regeneration back to their high streets,” the ACTM said.

Shanaaz Carroll, the Association’s deputy chief executive, said: “This issue was flagged up to Government over a decade ago. It is clear that retaining the Pedlars Act of 1871 and 1881 does not provide us with the modern trading environment that our town centres are striving for.

“Good pedlars that stick to the letter and spirit of the law can add vibrancy to the high street, but everyone knows the existing legislation makes enforcement virtually impossible and therefore it is routinely abused.”

Joe Harrison, chief executive of the National Market Traders Federation and a director of the ATCM, said: “I can sympathise with genuine pedlars who comply with the law. Those who trade illegally devalue the markets that they congregate around and directly impact the trade of licensed street traders. Illegal street traders are simply a scourge on our nation’s high streets.

“It is overwhelmingly disappointing that the Government has ignored the high street retail and markets industry lobby after consulting with us for over ten years. This lack of action smacks of an unwillingness to support genuine retailers trying to make an honest living in our nation’s markets and high streets.”