Overview

The Pedlars (Street Trading Regulation) Bill aims to give local councils in England and Wales more power to regulate street trading, particularly by pedlars, by allowing them to seize goods and equipment if they suspect illegal activity. The bill clarifies existing laws and provides a framework for seizure, forfeiture, and compensation procedures.

Description

This bill amends the Local Government (Miscellaneous Provisions) Act 1982. It clarifies the circumstances under which local councils can seize goods from street traders. Specifically:

• Seizure of Goods: Authorised officers (council officials) and police can seize goods, receptacles (e.g., stalls, bags), and equipment if they reasonably suspect a relevant offence (e.g., breaching Schedule 4 of the 1982 Act, or aiding such a breach). This includes goods suspected to be related to the offence and similar goods in the trader's possession. Seizure is contingent on the item being needed as evidence or for forfeiture and not being perishable.
• Return and Disposal of Seized Items: Goods are generally returned after proceedings conclude unless forfeited by a court order or if costs awarded to the council remain unpaid. If proceedings aren't initiated within 56 days of seizure, goods are returned unless the trader can't be identified. If costs aren't paid within 28 days, the council can dispose of the goods, returning any excess funds to the owner.
• Forfeiture of Seized Items: A court can order forfeiture of goods linked to a conviction. The court considers the value of goods and their impact on the offender and owner when making this decision. Owners have the right to be heard before forfeiture.
• Compensation for Unlawful Seizure: If a seizure is deemed unlawful (no charges within six months, acquittal, or withdrawn charges), the affected party can sue the council or police for compensation.
• Definitions: The bill defines key terms like "authorised officer," "receptacle," and "relevant offence," ensuring consistent application of the law.

Government Spending

The bill's impact on government spending is not directly quantifiable. It may lead to increased costs for councils related to storage, disposal of seized goods, and potential compensation payouts. Conversely, it might reduce the cost of enforcing street trading regulations. The overall net impact on government expenditure is uncertain and will depend on how effectively the provisions are applied.

Groups Affected

• Local Councils: Gain increased powers to regulate street trading, but also take on the responsibility of managing seized goods and potential legal challenges.
• Street Traders (Pedlars): May face greater scrutiny and potential seizure of goods if they are suspected of violating street trading regulations.
• Police: Involved in enforcing the law and seizing goods.
• Owners of Seized Goods: Could face forfeiture of their property or incur costs if goods are seized. They have the right to be heard in court.

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