City’s street traders to take council to court over new rules on what to sell
Birmingham street traders have been granted permission to take the City Council to court over its controversial new street trading policy that would require stalls to sell goods not already available from shops.
The legal case is being brought by Allan and Samantha Poole, chair and secretary respectively of the Birmingham Street Traders Association, who say that the new rules pose an “existential threat” to the livelihoods of stallholders.
At the hearing, which is expected to take place at the High Court this spring, public law experts at Simpson Millar will challenge the council’s policy which requires street stalls to sell ‘innovative products’ which it defines as ‘goods that are not regularly available within the high street market place’.
Lawyers will also argue that many existing stall holders who have been in place for decades offering popular, traditional market products, may lose their pitch as part of the newly introduced annual application process.
Dan Rosenberg, a public law solicitor at Simpson Millar who is representing the independent traders, said: “While it is disappointing that the concerns raised by my clients repeatedly have gone unaddressed, we are grateful to have been granted permission for the matter to now be heard in court.
“Street traders have been a fixture of Birmingham’s streets for many years, and members of the association are some of the longest standing members of that business community – some selling hot meals including jacket potatoes or Mexican food, and others selling seasonal goods such as umbrellas, hats, scarfs and gloves.
“In some cases, the stall owners we represent have been operating in the local area for many decades, during which time they have built a significant, loyal customer base.
“For almost all of them their job is a part of their identity, and many of them come from families that have a history of market trading for generations.
“Despite all of these businesses proving viable before the pandemic, there is a risk that they will be caught by the new criteria of requiring innovative products, and many are now gravely concerned about the continual uncertainty as to whether they will lose their pitches as part of the newly introduced annual review.”
A Birmingham City Council spokesperson said: “We will robustly defend our position against any challenge but given the start of this legal process, it would be inappropriate to comment further at this stage.”
