The challenge focuses on a particular aspect of the policy, which says that the Council will consider whether applicants for street trading consents have demonstrated that the products that they propose to sell are innovative.  The grounds of challenge allege that the policy, and in particular the innovative products criterion, breaches the Provision of Services Regulations 2009.

The challenge has the potential to have wider implications, both for street trading and for the interpretation of the Provision of Services Regulations.

Sarah Sackman and Conor Fegan are instructed on behalf of the Claimants by Dan Rosenberg of Simpson Millar.