Birmingham street traders who are worried for their futures due to a bizarre new council policy have applied for a judicial review.
The new policy from Birmingham City Council requires traders to sell “innovative products” not available elsewhere on the high street – though the council has not given examples of what is permitted.
The policy also includes a new non-refundable £724 application fee which some traders have said they cannot afford.
Allan and Samantha Poole, chair and secretary of the Birmingham Street Traders Association, have now instructed law firm Simpson Millar to submit an application for judicial review of the policy.
The association has said existing stall holders who have been in place for decades may lose their pitch as part of the annual application process.
The judicial review process could potentially lead to High Court action to have the policy quashed.
Allan and Samantha currently have one stall at the junction of New Street and the High Street and another on Corporation Street, and have been operating in Birmingham for almost 50 years.
The pair 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.
Donate money or a laptop for kids who need them
With schools closed due to Covid-19, thousands of children in Birmingham are in need of laptops to continue their learning.
They are falling behind in their studies through no fault of their own - because they are unable to access lessons being put on by schools.
BirminghamLive is supporting efforts, through the Digital Education Partnership, to raise funds and laptop donations to support pupils and get them learning again.
You can help
- Donate money here
- Donate a laptop here
- If you have any questions, you can email them here.
“We are very sad to have reached a position where we are forced to pursue legal action, but we feel we have no choice.
“We hope that the council now takes the opportunity even at this late stage to reflect on the matter.”
Dan Rosenberg, a public law solicitor at Simpson Millar, representing the independent traders said: “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.”
