Pedlars are still governed by the 1871 legislation and case law demonstrates that the current arrangements are very inadequate. If your market is affected by pedlars you need to keep a log of evidence over a few weeks supplemented by photographs and street plans. You need to evidence the size of the pedlar’s trolley or stall, the time that he is in one place, what he is doing when he is not serving customers, how he arrived at the market, whether he goes back to a van to replenish stocks and the distance he moves and at what intervals. Traders can help collect evidence but this will need to be supported by enforcement officers. Once this evidence is collected it can be tested against the current pedlar requirements. Normally if the trolley or stall is bigger than a supermarket trolley, the pedlar remains in one place without serving customers for beyond fifteen minutes and moves only a few yards over an extended period then you have a reasonable cause of action.
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