HHJ Cooke (sitting as deputy) has granted permission for an application for a judicial review brought by two street traders against Birmingham City Council’s new street trading policy. The policy is designed to improve the consumer offer and environment of street trading in the city centre. To obtain a consent, which traders must reapply for annually, applications will be assessed on, amongst other things, how “innovative” the products traders propose to sell will be. The policy defines “innovative” as whether the product is readily available in the High Street market place.
The Claimants, whose families have operated as street traders in Birmingham for several generations, contend that the “innovative products” criterion is uncertain, anti-competitive and in breach of the Provision of Services Regulations 2009.
The High Court has granted permission for an expedited hearing of this public law challenge scheduled for 1 and half days.
Sarah Sackman and Conor Fegan represent the Claimants. Leo Charalambides previously advised the Birmingham Street Traders Association in connection with this policy. Sarah and Conor are instructed by Dan Rosenberg of Simpson Millar.