Popular Birmingham food van selling £5 lunches could be shut down after 30 years in 'rule change'

Hermes Kafetzis, who runs Gyros Guru, says new street trading licence requirements threaten the future of his business

Cash-strapped Birmingham City Council has been accused of "bullying" a pensioner selling food at a landmark spot yards from the city's "Golden Mile". Hermes Kafetzis, 75, runs Gyros Guru at the Five Ways island underpass, near Broad Street.

But his son said he could be forced out of business after the council demanded he paid thousands of pounds a year for a street trading licence - despite claiming he had operated for years at the same spot without one. Hermes’ son, who would not be named, said the family-owned kiosk had been operating as a "permanent structure" for 30 years and had been exempt from needing a licence as it was a "fixed unit".

He accused the authority of suddenly and unfairly changing the rules - a claim denied by the council, which has declared itself effectively bankrupt. Hermes was visited by council enforcement officers and "read his rights", it was alleged, as the bitter row escalated.

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The council said it would take "appropriate action when necessary" to enforce street trading rules and Hermes’ kiosk was not a permanent structure. After struggling with retirement, Hermes opened Gyros Guru three years ago, serving traditional Greek-Cypriot gyros from his native country.

His family said they had owned the kiosk for the past decade and had always successfully applied for planning permission to be treated as a permanent structure rather than a mobile street trader. Speaking to BirminghamLive, Hermes said: “The council wants to make us pay for a street trading licence - even though this is a fixed structure that doesn’t move.

"They want £165 a week, which would be very difficult for me. It would mean I have to put my prices up, which I do not want to do.”

Hermes’ son accused the council of "bullying" his pensioner father as part of a "cynical" attempt to manage its bankruptcy crisis. The council has employed a barrister to fight the case but denied its finances had any role in its position.

Hermes’ son added: “The food kiosk on Broad Street has been there for 30 years, not once have owners been asked to pay for a street trading licence. Ever since the council ran out of money, it’s upped the pressure on my dad to start paying for one.

“My dad is 75, he’s retired, and the council has barristers in to try to bully him into paying. Council officers have been down to him to read him his rights—he’s an old man who runs this food stall because he enjoys doing so."

According to the council's website, an annual street trading licence in the city centre costs £6,165-a-year. Hermes sells gyros for under £5, and his family said the new costs would threaten the future of his business.

“If he had to pay thousands of pounds for a street licence, it would make the whole business unviable,” Hermes' son added. “This has really stressed him out.

“If the law has been interpreted in a certain way for so long, it’s not fair to one day decide to change the rules. It’s not acceptable. If they want to take a 75-year-old retiree to court over this, so be it.”

Birmingham City Council stressed the decision was unrelated to its parlous financial situation. A spokesperson said: “This is not connected to the council's financial situation.

“Any street trader in Birmingham must have street trading consent, and this business does not, nor is it a permanent structure with appropriate planning permission. We have tried to discuss ways forward with the owner but without success. Clearly, we need to ensure fairness for all our street traders and will take appropriate action when necessary.”