Trading in the streets in the Borough of Eastleigh
Advice note for trading in the streets. You can trade in the streets as either a ‘pedlar’ or a ‘street trader’
The Pedlars Act 1871 defines a pedlar as a person who ‘travels and trades on foot and goes from town to town or to other men’s houses, carrying to sell or exposing for sale any goods, wares, or merchandise, or procuring orders for goods, wares, or merchandise immediately to be delivered, or selling or offering for sale his skill in handicraft’.
If you wish to trade as a pedlar you may do so in any street but you must remember that courts have decided that a pedlar:
- Must possess a certificate issued by the Police
- Goes to his customers rather than allowing them to come to him
- Trades as he travels rather than travels to trade
- Is a pedestrian
- If he is a seller, rather than a mender, sells reasonably small goods
- Is entitled to have some small means of assisting his transport of goods, such as a trolley
It is our view therefore that a pedlar must be on the move at all times when trading. A pedlar may only stop in order to make a transaction.
If your trading falls outside the definition of pedlar you are classed as a “Street Trader” and the Local Government (Miscellaneous Provisions) Act 1982 applies.
All streets in the Borough of Eastleigh are covered by this legislation and they are designated as either:
- Prohibited Streets (no trading under any circumstances), or
- Consent/Licence Streets (trading requires the permission of the Council)
- Allbrook Hill, Eastleigh
- Allbrook Way, Eastleigh
- Chestnut Avenue, Eastleigh
- Knowle Hill, Eastleigh
- Stoneham Lane, Eastleigh
- Twyford Road
- High Street, West End (and the land adjoining)
All other streets in the Borough. Please be aware that trading outside these rules may be a criminal offence and you may be prosecuted and/or your goods may be seized.
- The term “street” also includes any land to which the public have access without payment
- If you are serving hot food or drink to the public between 23.00 and 05.00 hours you may also need a Premises Licence under the Licensing Act 2003