Street traders granted hearing over council demand to sell 'innovative products'

Birmingham Street Traders Association have said the new policy – which includes a non-refundable £724 application fee – will mean long-running city businesses will close.

The new policy includes a requirement for traders to sell items not available elsewhere on the high street – but the city council has so far not given any examples of what these would include.

Now, the policy is set to be challenged at a High Court hearing is due to take place after March 26.

Allan and Samantha Poole, chair and secretary of the Birmingham Street Traders Association, have one stall at the junction of New Street and the High Street and another on Corporation Street, and have been operating in the City for almost 50 years.

The pair, who are leading the campaign against the policy, said: “We have tried time and time again to engage the council in meaningful conversation about the new policy, which if implemented would have a hugely detrimental impact on the sustainability of Birmingham-based street traders.

“Their actions will cause irreparable damage to the soul of our city and threaten the livelihoods of many long-standing stallholders.

“We are very sad to have reached a position where we are forced to have our case heard in court, but we feel we have no choice. It is now a matter for a Judge to decide.”

Law firm Simpson Millar will act on behalf of the association at the hearing, and are due to argue traders would be “at the mercy of what retail shops chose to do each time they applied to renew”.

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.”

A Birmingham City Council spokesperson has previously 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.”