Birmingham traders lose 'innovative products' court bid

Samantha and Allan Poole argued the policy would be "hugely detrimental" to traders

Street traders have lost a judicial review challenging council rules they claim will threaten their livelihoods.

A policy by Birmingham City Council requires traders to sell "innovative products" unavailable elsewhere on the high street.

Stall holders argued the rules were anti-competitive and would cause "irreparable damage to the soul of our city".

But after hearing arguments, a High Court judge has backed the council.

Allan and Samantha Poole, who as well as running their own stalls on New Street and Corporation Street chair the Birmingham Street Traders Association, had previously said they felt they had "no choice" but to pursue legal action.

The council said it was pleased the case had been dismissed and not been given leave to appeal

The Street Trading policy, which was approved on 3 November, stated the changes were designed to create an environment that is "sensitive to the needs of the public and businesses" while providing "quality consumer choice".

For traders to be given consent to operate, the "quality of goods and innovative approach" will be considered by officials, adding that "innovative products refers to goods that are not readily available within the high street".

The couple argued that stallholders who did not know how their products would be judged may be put off applying for pitches.

Their challenge was heard at the High Court in March but in Judge David Cook's ruling handed down on Friday he disagreed with the couple's arguments.

He said he did not accepts applicants would be put off by the council checking their products "any more than they would be by, for instance, consideration of the quality and appearance of their stall".

A spokesperson for Birmingham City Council said: "This street trading policy is needed to ensure that we have the best possible trading environment for stallholders and customers alike across Birmingham."