Street Hawkers, Trespass & Pedlars Certificates
A Pedlar’s Certificate is valid across England & Wales, but it only protects lawful pedlary(selling while on the move ). It does not authorise a static pitch or stall. Static trading falls under local street-trading controls and, where done without consent on council or private land, becomes a trespass issue that can be addressed under common law eviction.
What We Need to Get Started
- Land ownership/authority confirmation.
- Location plan / what3words / photos.
- Summary of activity (stall / tent / vehicles).
- Any local byelaws or PSPOs.
- Preferred outcome: move-on, removal, or evidence pack.
Pedlary vs Street Trading — The Legal Split
- Pedlary (Pedlars Acts 1871 & 1881): Police-issued certificate valid one year UK-wide. Authorises selling while travelling from town to town and house to house. No static stall or display.
- Street Trading (Local Government (Miscellaneous Provisions) Act 1982, Pt III): Static trading in designated streets requires local licence/consent. Section 29 allows authorised officers to seize goods/containers used in unlicensed street trading.
- Highways Act 1980: s.137 wilful obstruction; ss.148–149 deposit/remove things on the highway.
- Byelaws / PSPOs: Local byelaws and Anti-social Behaviour, Crime and Policing Act 2014 PSPOs may restrict stalls/obstruction in designated zones.
If a person is static with a stall or display, a Pedlar’s Certificate does not assist — they are an unlicensed street trader and a trespasser on land without consent.
Common Law Eviction — Core Principles
Where a person is on land without consent and refuses to leave, the landowner (or their authorised agent) may remove them using reasonable force. Key authorities include Hemmings v Stoke Poges Golf Club [1920] 1 KB 720 (reasonable force to remove trespassers) and Robson v Hallett [1967] 2 QB 939 (revocation of licence to remain and requirement to leave).
- Ask–Explain–Exit: Ask the person to leave; explain the legal basis (trespass / unlicensed static trading); require them to exit.
- Reasonable force only: Minimum necessary, proportionate, and recorded (BWV, witness notes).
- Chattels: Allow reasonable opportunity to remove personal property; if handling goods, record an inventory and condition.
- Police liaison: Seek police attendance to prevent a breach of the peace or address suspected offences (e.g., obstruction/disorder).
Synergy: Hawkers, Travellers & Tent Encampments
- Static Hawkers: With a Pedlar’s Certificate but trading from a fixed spot → street trading/trespass. Use common law removal; licensing may pursue LG(MP)A 1982 s.29 seizure/prosecution.
- Travellers (Vehicles/Caravans): Common law eviction runs alongside statutory powers under the Criminal Justice and Public Order Act 1994 — ss.61–62(police direction to leave) and ss.77–78(local authority directions/court order). The Police, Crime, Sentencing & Courts Act 2022 created an offence of residing on land without consent with a vehicle causing serious harm, with associated police powers including vehicle seizure.
- Tent/Rough-Sleeper Encampments: On private/council land without consent this is trespass; apply common law removal. On the highway or sensitive public spaces, consider Highways Act 1980 , byelaws, or PSPO conditions. Always signpost welfare support and record vulnerability considerations.
Operational Playbook (On-Scene)
- Verify: Inspect any Pedlar’s Certificate (name, force, dates). Confirm behaviour: moving (pedlary) vs static (street trading/trespass).
- Explain: “A Pedlar’s Certificate permits selling whilst on the move only. You are trading from a fixed location without consent/licence. You are trespassing and must leave.”
- Allow to pack: Provide a reasonable time window for voluntary departure.
- Escalate: If refusal continues, proceed to common law removal using reasonable force; request police for breach-of-the-peace management and note any Highways Act or LG(MP)A issues for licensing.
- Evidence pack: Photos/video of pitch, obstructions and goods; copies of any signage/byelaws/PSPO; officer notes and timings.
Legal Framework (At a Glance)
- Pedlars Acts 1871 & 1881 — police certificates; itinerant selling only.
- LG(MP)A 1982, Pt III — local street-trading control; s.29 seizure powers.
- Highways Act 1980 s.137 — wilful obstruction; see also s.148 and s.149.
- CJPOA 1994 — ss.61–62 police directions; ss.77–78 local authority powers.
- Police, Crime, Sentencing & Courts Act 2022 — offence of residing on land without consent with a vehicle causing serious harm; police seizure powers.
- Hemmings v Stoke Poges Golf Club [1920] — reasonable force; see also Robson v Hallett [1967].
Quick Links
Professional Note
We act as the landowner’s authorised agents. We do not exercise police powers. All removals are conducted proportionately, documented (BWV), and with welfare signposting where appropriate.
