Street Trading Act, 1926

Exemption of street-traders in certain cases.

12.—(1) In any proceedings brought under any enactment now in force against a holder of a street-trader's certificate or of such certificate and a street-trader's stall licence granted under this Act for obstructing any highway or the traffic thereon or for infringing any market right or brought under the Markets and Fairs Clauses Act, 1847, it shall be a good defence to prove that the act charged against such holder was done by him in the course of the lawful carrying on of his business as a street-trader under and in accordance with the said certificate or the said certificate and licence held by him.

(2) In any proceedings under the Pedlars Act, 1871 , or the Hawkers Act, 1888, it shall be a sufficient defence for the person against whom the proceedings are brought to show that at the time he committed the act in respect of which the proceedings are brought he held either a street-trader's certificate or such certificate and a street-trader's stall licence granted to him under this Act and then in force and that the said act was by virtue of this Act authorised by such certificate or licence, or that at the time he committed the said act he was an assistant to a street-trader holding a stall licence granted under this Act and then in force and that he was by virtue of this Act authorised to do and did do the said act as such assistant.