Traders threaten action if council bans sale of smoking materials at new market

Traders have threatened legal action if Barnsley Metropolitan Borough Council bans the sale of smoking materials from the town’s new market.

The Glass Works redevelopment provides a new home for Barnsley market as part of a 590,000 square feet complex of retail and leisure uses.

Barnsley has above average smoking rates and the council has for some years been active in seeking to reduce these.

But the local branch of the National Market Traders Federation (NMTF) has objected to the planned ban there on sales of anything related to smoking.

Roy Miller, cabinet spokesperson for place at Barnsley, said: “The council has very recently received a solicitor’s letter sent on behalf of representatives from the NMTF Barnsley group indicating a proposed claim for judicial review.

“The council’s lawyers will be responding formally to that letter within 14 days and it would be inappropriate to comment further at this stage.”

Cllr Miller added that the council “wholeheartedly believes” the anti-smoking policy “serves the wider public in working towards a smoke-free generation by 2025”.

He said: “It is important that we take the lead on our smoke-free generation pledge. We have already introduced zones in the town centre, including in front of the market, and we were the first northern town to have an outdoor public space in its town centre that is a smoke-free zone.”

The council last October resolved that no new traders would be allocated stalls in the existing market selling any vaping or smoking accessories, and that from January 2018 any drugs-related paraphernalia on market stalls would be removed.

Barnsley's smoking prevalence rate of 18.2% exceeds the England average of 14.9%.

Lawyers acting for the market traders have been contacted for comment.

Mark Smulian