New legislation designed to update vending practices in Bermuda came under fire from the Opposition leadership before ultimately being passed by MPs in the House of Assembly.

The Vending Act 2015 was criticised for stifling entrepreneurs and creating restrictions where they don’t exist at present by Progressive Labour Party leader Marc Bean and his deputy David Burt.

The new statute, which replaces the 1894 Pedlar’s Act, opens the way for the Bermuda Economic Development Corporation (BEDC) to take the reins of overseeing the vendor sector.

Under the act the BEDC’s executive director has the power to grant or renew, or refuse to grant or renew a licence, with the final point of appeal being the Permanent Secretary for Home Affairs.

It also makes it an offence to conduct vendor activity on all public roadsides unless the vendor has obtained permission from the Department of Public Lands and Buildings.

“This would not include those identified sites that the Ministry of Public Works or related Ministries desire to have vendor activities take place. This would also not include any lands owned privately” said Junior Home Affairs Minister Sylvan Richards. The new statute creates a new register of vendors and stipulates that a vendor’s licence must be on public display at all times.

Most MPs who spoke during Friday’s four-hour debate welcomed the creation of the register and agreed with the need to update the old 1894 Act.

But Mr Bean said the new statute, which increases the minimum age you can apply for a vendor licence from 13 to 16, had not been thought through enough.

“We need a free market approach. What we have is not a free market, it’s an interventionalist approach,” he said.

“How could we be so free to international business but so restrictive to our own people in our own country.”

Mr Burt, the Shadow Finance Minister, said the proposed laws were creating new restrictions for budding entrepreneurs.

“Something that was legal before will be illegal after this act passes. With increased regulation you will get decreased activity.

“Telling people when and where they can sell does not allow them freedom.”

Earlier Mr Richards had told the House that the new act followed extensive consultation conducted by the BEDC with vendors.

He said the rise in the number of vendors had caused many “challenges” including traffic congestion and increased vermin at certain locations and some vendors not paying taxes.

“Against those concerns the BEDC has developed a modern policy to govern vendors and vending in Bermuda.

“The policy recommends that the BEDC be given responsibility for providing oversight of the sector.

“In addition, all designated and registered market sites would operate under a minimum set of standards with a business plan being filed at the BEDC.

“The vendor policy also proposes that authority for issuing vendor licences is transferred from Magistrates’ Court to the BEDC and that criteria is implemented for securing a vendor licence for those persons eligible.”

Mr Richards revealed that more than 200 vendors had already voluntarily registered with the BEDC, which provided “in-depth oversight and comprehensive governance, support, and advocacy”.

He confirmed a vendor’s licence was not needed for the sale of Bermuda-made products, while other exceptions to the need for a licence include the sale of agricultural produce or horticultural produce by the producer or fish by a registered fisherman.