Over the course of the last two days, the High Court has heard argument in a case that involves a challenge to the newly adopted Birmingham Street Trading Policy. The challenge is brought by two street traders, who have traded in Birmingham City Centre for over forty years. 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.