- Quote
- I beg to move, That leave be given to bring in a Bill to confer further powers on local authorities for the regulation of street trading by pedlars; and for connected purposes. The current provisions on street trading, which is different from peddling, can be found in schedule 4 and section 2 of the Local Government (Miscellaneous Provisions) Act 1982. They allow local authorities to designate streets for the purpose of street trading; however, the regulation of pedlars is exempted from those provisions. The main legislation on the regulation of pedlars is the Pedlars Act 1871. In my opinion, 19th-century legislation can no longer cope with changes in the way that goods are marketed and sold today. Our consumers and business people deserve up-to-date legislation that can ensure their protection from rogue traders. The 1871 Act defines a pedlar as “a person who, without any horse or other beast, travels and trades on foot from town to town carrying to sell or exposing for sale any goods, wares or merchandise or procuring orders for the same, or selling or offering for sale his skill and handicraft”. The Act specifically does not include the now common practice of a pedlar standing in one place for an extended period to sell their goods or services. Over the last decade, local authorities have reported increasing problems with pedlars. Registered pedlars are now selling goods in our town and city centres from bags, trolleys or stalls, often remaining in fixed positions for long periods—a practice not covered by the Act. An increasing number of persons who are neither registered as pedlars nor licensed as street traders are behaving similarly. Under the provisions of the 1871 Act, the police are responsible for issuing pedlars’ certificates. Once issued, they allow pedlars to operate all over the country without the need to re-register. Although local authorities have prosecuted for breaches of the pedlar regulations, it is clear that the current enforcement provisions are ineffective. A survey undertaken jointly in 2005 by the National Association of British Market Authorities, the National Market Traders Federation and the Association of Town Centre Management revealed widespread abuses of pedlars’ certificates across the land. The current system allows unlawful traders, under the guise of possessing a pedlar’s certificate, to sell goods virtually unregulated on the street. Evidence suggests that some pedlars view the fines imposed by the courts as merely a business expense. Their activities are damaging local markets and the surrounding small businesses, which are subject to greater regulation and overheads such as business rates and rents. The situation in our towns and cities is becoming so bad that a number of local authorities have provided themselves with local legislation to ameliorate the problem. That is both time-consuming and extremely costly. Newcastle upon Tyne’s recent course of legislative action cost it almost £200,000. So far, Newcastle upon Tyne, Maidstone, Leicester and Liverpool have taken out local legislation, and in the current parliamentary Session, Manchester, Birmingham, Derby, Sheffield, Rotherham, Bradford and Bournemouth are promoting their own local legislation. Such cross-country activity demonstrates the widespread scale of the problem, but it is creating a patchwork of legislation. Where local legislation has been pursued, benefits to the local economy and community have quickly been seen. For example, enforcement of local legislation in Newcastle upon Tyne has resulted in the removal of pedlars and unlawful street traders from the city centre. That, in turn, has improved the environment for legitimate street traders. The local legislation implemented in some parts of the country has taken as a model the provisions in the London Local Authorities Act 2004. My Bill will allow local authorities outside London to benefit from the powers that authorities in London can already exercise. Its provisions will allow the immediate seizure of goods, which, of course, means the swift cessation of trading. However, my Bill preserves the right of pedlars to operate, as they were originally intended to, outside town and city centres. Although there is compelling evidence for the success of local authority initiatives, there is widespread concern that if a national approach is not taken, pedlars and unlawful traders will simply move from one town centre to another. A nationwide approach is needed to ensure a cohesive and co-ordinated approach to peddling. My Bill is supported in Parliament by the all-party parliamentary group on the markets industry, of which I am a vice-chairman. It is also supported by the National Association of British Market Authorities, the National Market Traders Federation, the Association of Town Centre Management and the Association of Chief Police Officers. ACPO supports transferring the regulation of pedlars from police authorities to local authorities, and it has also expressed concern about the relationship between some pedlars and unlawful street traders and the sale of counterfeit goods. The Local Government Association and the Institute of Licensing have also expressed their support for this Bill. They report that many of their members have contacted them in connection with the problem of unlawful pedlars and illegal street traders. Since announcing the presentation of this Bill, I have received tremendous support from right hon. and hon. Members of all parties and from local authorities throughout the land, for which I express my thanks. My Bill is surely not contentious, in that it seeks to make nationwide powers that are available to only a handful of local authorities. It will prevent a piecemeal approach to legislation, which is driving unlawful traders from one town centre to others. The crucial power of seizure of an unlawful trader’s goods will enable local authorities to act swiftly in preventing unlawful trading, and consumers will be protected from purchasing counterfeited, stolen or sub-standard items on the streets of our towns and cities. I stress again that my Bill does not outlaw peddling; rather, it clarifies its definition. Legitimate pedlars will still be able to sell their goods, as defined in the 1871 Act. I recommend 21st-century legislation for 21st-century traders, and advise the House to equip our local authorities with powers to enable them to protect our streets, our consumers and our local markets and small businesses from rogue traders. I therefore commend the Bill to the House.
- Time
- 13:42
Dr. Brian Iddon (Bolton, South-East) (Lab)Labour
Mr. Christopher Chope (Christchurch) (Con)Conservative