Your Ref:

Our Ref:

FOI 052/10

Date:

03 March 2010

Contact Name:

Peter Burtenshaw

Tel. Extension:

44124

Direct Dial No:

01273 404049

Dear Mr Perrin

Re: FOI 052/10 - Pedlars Certificate Application Form

I write with reference to your request for a review of our handling of your recent Freedom of Information (FOI) request relating to the Pedlars Certificate Application Form.

On 23 January 2010 under the FOI Act you asked the following questions regarding the application form:-

Please supply me with any and all information/documents/communications that you have been involved with regarding this form, the information that it requests, and how this relates to the requirements of the Pedlars Act.

Also, please supply me with any information/advice you have requested/received regarding the data protection act and the additional information you require on this application form.

We responded by letter on 3 February 2010 when we gave an explanation of why we seek the additional information in an attempt to satisfy the first part of your request and stated that no information was held in respect of the second part.

On 6 February you contacted us stating

Thank you for your 'draft' response, however it does not seem to relate to the application form that is currently being used by your force.

The form includes many questions such as 'eye colour', 'complexion', etc it also requires a declaration by two individuals regarding the character of the applicant.

Please expand on how each individual question (those mentioned above, and all others on the form) are relevant and proportionate.

Further you seem to be suggesting that an applicant for a Pedlars Certificate is *assumed* to be dishonest and not be taken at their word - can you confirm that this is indeed the attitude adopted by your force and explain whether such an attitude is always adopted by the force when dealing with the public, or it is just reserved for applicants for Pedlars Certificates?

Continues….

Mr P Perrin

Via www.whatdotheyknow.com

Your email should have been taken as the request for a review at that point, but I understand from my colleague that you were also in contact with Insp. Harris and it was believed that she would be dealing with the matters you raised. It is important to note here that the FOI Act only covers information that we hold. The last two paragraphs of your email are seeking opinion or justification and these matters that are not covered by the Act.

You contacted us again on 20 February where you stated:-

You appeared to have misunderstood my original request, and I have supplied clarification, you are now breaking the law by failing to respond by even the latest time allowed.

I expect a response by return - I think it is disgraceful that a police force should, themselves, so such little respect towards their legal duties.

Should you continue to neglect your responsibilities under the freedom of information act then be assured that I will escalate this issues. (sic)

At this point we did take this as the request for an internal review and I became involved in the matter. Having made enquiries with the Force Licensing Manager it has become clear that we do not hold any recorded information, documents or communications in respect either part of your request and this was the position at the time of your request.

I have therefore concluded that our original response was technically incorrect, in that we should have advised you that no information was held in respect of either part of your request and then gone on to state that the explanation was being provided outside of the requirements of the Act but was in the spirit of being open, honest and transparent.

I am satisfied that the request was handled correctly and that no information is held in FOI terms relevant to your request. Although the response was technically flawed the content was accurate.

In respect of your FOI request this letter acts as our final response. Should you remain dissatisfied with the response you can seek a further review by contacting the Information Commissioners Office. They can be contacted at :-

The Information Commissioners Office

Wyecliffe House

Water Lane

WILMSLOW

Cheshire

SK9 5AF

Tel 01625 545745

[email address]

www.ico.gov.uk

Continues…

Noting your concerns regarding the form, outside of the FOI Act, it should be noted that the form set out under Part 5, Schedule 2, Form A of the Pedlars Act 1871 reflects the legislation as it was written some 139 years ago. It does not take into consideration the technological advances since then. Section 5, parts 1 & 2 of the Pedlars Act 1871 go on to state:-

(1) Subject as in this Act mentioned, a pedlar's certificate shall be granted to any person by the chief officer of police of the police district in which the person applying for a certificate has, during one month previous to such application, resided, on such officer being satisfied that the applicant is above seventeen years of age, is a person of good character, and in good faith intends to carry on the trade of a pedlar:

(2) An application for a pedlar's certificate shall be in the form specified in schedule two to this Act, or as near thereto as circumstances admit.

With the need to better verify the identity of those seeking Pedlars Certificates, seeking the additional information to satisfy ourselves as to the identity of the applicant would appear to fit within the requirement of part 2 as circumstances have changed since the introduction of the Act.

There is no standard practice amongst forces regarding the administration of Pedlars Certificates and forces have differing requirements in terms of proof of identity. This had led to cases in other forces where certificates have been given to illegal immigrants which could be seen as the police service condoning unlawful practice.

You may also be interested to know that the Department for Business Innovations & Skills have commissioned open consultation on proposals to make significant changes to the way in which Pedlars Certificates are issued. These proposals include the creation of a national database of pedlars, requiring the certificate to carry a photo of the holder and transferring the issue of certificates to local authorities. Full details of the consultation can be found at www.berr.gov.uk/consultations/page53438.html

I hope that you find the above information useful.

Yours sincerely

Pete Burtenshaw

Peter Burtenshaw

Information Compliance Manager

Access to Information Team