Private-land enforcement guidance
A pedlar’s certificate permits genuine itinerant trading; it does not grant a right to occupy private land. UK Bailiffs helps landowners assess and manage traders who establish an unauthorised pitch or refuse to leave private property.
The legal distinction
GOV.UK states that a certified pedlar must trade on foot and carry their goods with them, although a small trolley may be used. The certificate lasts one year and permits qualifying pedlary throughout the UK.
Trading from a pitch, stall, van or repeatedly occupied position may instead fall within the relevant street-trading regime. The answer is fact-sensitive: temporarily stopping to complete a sale does not necessarily turn a genuine pedlar into a fixed street trader, so the overall conduct should be recorded rather than judged from a single photograph.
Pedlary or street trading?
The correct response depends on the person’s activity and the legal status of the land.
A genuine pedlar travels and trades on foot, carrying goods or offering their skill or handicraft. The certificate should be current and belong to the person producing it.
The certificate may exempt qualifying conduct from some local street-trading controls, but only while the person is genuinely acting as a pedlar.
In areas that have adopted Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982, streets may be designated as prohibited, licence or consent streets.
Schedule 4 contains an exemption for someone acting as a pedlar under a valid certificate. Local Acts, London legislation and council policies can modify the practical position, so the relevant authority must be checked.
A trader who enters or establishes a pitch on private land without consent may be a trespasser whether or not they hold a certificate or public-street permission.
The landowner can withdraw any informal permission and require departure. Refusal then becomes a private-land possession and risk-management issue.
A doorstep sale may be lawful pedlary, but the seller must also comply with consumer law. Off-premises contracts can require pre-contract information and may carry cancellation rights.
A certificate is not proof that the goods, sales method or representations comply with trading-standards legislation.
Operational assessment
Record conduct objectively. Do not tell a trader that their certificate is invalid merely because they paused to speak with a customer.
Confirm the ownership or management authority, site boundary and whether the public has access by invitation.
Establish whether the trader has a licence, concession, booking or previous permission from the landowner.
Record movement, duration, repeat visits, pitch equipment, stock display, vehicle use and any obstruction.
Ask to see the original certificate where relevant and note the holder, issuing force and expiry date without retaining it.
Check the council’s adopted scheme, designated street status, local Act, byelaw or Public Spaces Protection Order.
Identify conflict, children, vulnerability, traffic, crowds, aggressive behaviour and any need for police or emergency support.
Who has which power?
The site owner, council and police may each have a role, but their authority comes from different sources.
Can decide who may use private land, withdraw permission and instruct an authorised agent to request departure. The landowner does not acquire council licensing or police powers.
Determines whether local street-trading controls apply and investigates suspected licensing offences. Powers vary because Schedule 4 must be adopted and some places operate under local legislation.
Issue pedlar’s certificates and may deal with suspected offences, disorder, fraud or obstruction within their powers. Police attendance should not be described as civil-eviction enforcement.
Acts only under the landowner’s authority in relation to private land. We do not cancel pedlar’s certificates, prosecute street-trading offences or seize goods under council legislation.
Private-land response
The preferred outcome is a clear, documented and voluntary departure. Any escalation must remain lawful and proportionate.
| Stage | Action | Record |
|---|---|---|
| Verify authority | Confirm the client controls the land and identify the precise boundary before approaching the trader. | Title, lease, management authority, plan or written instruction. |
| Explain | State that private-land consent is absent or withdrawn. Avoid making unsupported claims about the certificate or licensing offence. | Time, persons present, words used and body-worn video where appropriate. |
| Allow departure | Provide a reasonable opportunity to pack goods and leave, considering the volume of property and any vulnerability. | Departure time offered, response and welfare considerations. |
| Assess escalation | If the trader refuses, reassess safety and legal authority. Reasonable-force principles never justify disproportionate force or unsafe confrontation. | Dynamic risk assessment, warnings, witnesses and decision rationale. |
| Refer offences | Report suspected unlicensed trading to the council and suspected crime or immediate disorder to the police. | Reference numbers, officer details and supporting evidence. |
Instruction information
Provide written landowner or managing-agent authority, a plan showing the private boundary, photographs, the trader’s location and activity, approximate numbers, vehicles or equipment present, previous requests to leave and any known threats or vulnerability.
Also provide any relevant concession agreement, site rules, council correspondence, local byelaw or PSPO. We will assess the private-land instruction; the council remains responsible for determining licensing offences.
Legal framework
Related support
Use the route that matches the actual issue: unauthorised occupation, police involvement or council enforcement support.
For unauthorised occupation of private land where the issue is possession rather than street-trading licensing.
View trespasser removalPractical guidance on the distinction between civil enforcement, police powers and the role of certificated enforcement agents.
View police guidanceOperational support for councils requiring certificated enforcement agents or specialist attendance on public-sector matters.
View council supportCommon questions
Send the location, photographs, land authority and a description of the activity. We will assess whether a private-land attendance is appropriate and identify any matter that should instead be referred to the council or police.
