Barnsley Council has been warned by lawyers that its plan to ban the sale of smoking goods in its new market complex is ‘legally defective’ and ‘unlawful’, according to a story in the Barnsley Chronicle.
The Council is said to stand accused of interfering with ancient rights.
Barnsley Council had intended to stop the sale of smoking-related goods in the market when traders moved in later this year, but the authority has been accused of overriding centuries-old rules covering markets.
Barnsley was granted its markets charter in 1249.
Solicitors acting for traders have written to the council warning that its plans to stop existing market traders from continuing to sell smoking-related goods when the new premises open later this year conflict with rights which, they say, allow both traders and customers to buy and sell goods in the market.
They have given details of a legal case from 1974 when a trader successfully challenged a decision to exclude him from the market and say ‘similar principles arise’.
The law firm Bury and Walker was quoted as saying: ‘The Court of Appeal previously held that the council had acted unlawfully because they had overstepped their powers; as again their actions interfered with the same ancient rights’.
Barnsley Council is due to respond to the letter shortly.
Ancient rules invoked
