Commercial use of the highway

Street trading enjoys an ambivalent status in the modern commercial environment. It sometimes seems to be surrounded by suspicion of ill-repute, of "fly-by-night" characters, of frauds and tricksters. Yet it seems to be extremely popular. People enjoy markets and fairs. They appreciate the variety that stalls and pitches offer, in contrast to the modern shopping arcade. They enjoy a bargain. Street trading also plays an important role in providing the less well off members of the community with access to goods at lower prices than may be available elsewhere. But such trading enjoys a somewhat perilous position in law: the trading often takes place on the highway. It competes with the primary purpose that highways serve - the right of passage. The purpose of this article is to ask to what extent street trading and other forms of commercial activity can lawfully take place on the highway.