The Cheltenham Borough Council's Miscellaneous Licensing Sub-Committee met on Thursday 11 July 2024 to consider an application for street trading consent for four ice cream vans. The committee decided to grant the street trading consent, subject to specific conditions.

Application for Street Trading Consent

The committee considered an application from Bambas Shaouna for street trading consents for four ice cream vans to operate across the Cheltenham borough area between midday and 7pm, Monday to Sunday. The application was supported by the applicant, Mr. Shaouna, and his representative, William Capstick.

Discussion:

• Concerns Raised: The primary concerns raised by officers related to noise and air pollution, as well as historical issues with the applicant's vehicles trading without consent and parking too close to schools. Environmental Health had previously received noise complaints in September 2023 and June 2024, indicating a potential lack of noise control. Further concerns were raised regarding air quality, with a suggested condition to mitigate these issues. The Licensing Enforcement team had also received complaints about three vehicles operating without consent during the consultation period.
• Applicant's Response: Mr. Shaouna apologised for past licensing errors, stating they would not happen again. He highlighted his long history of operating ice cream vans in Cheltenham and his commitment to the community, including delivering food during the COVID-19 pandemic. He presented a revised set of school rules for his drivers, which included not trading outside schools, parking at least 75 metres away, and turning engines off when not serving. William Capstick, Mr. Shaouna's business partner, detailed additional training and measures implemented, such as laminating special conditions and code of practice documents for drivers, and visiting schools to identify safe parking locations. They also addressed the air quality concerns, explaining that their current vehicles are approximately 24 years old and that newer, more environmentally friendly models are prohibitively expensive. They are exploring future options for battery technology.
• Committee Questions: Councillors questioned the applicant on the sanctions for drivers who breach regulations, the age and cost of the vehicles, and the industry's response to pollution concerns. They also sought clarification on the operational patterns of the vans, the geographical coverage of their rounds, and the employment status of their drivers.
• Legal Advice: The committee briefly went into a closed session to receive legal advice regarding the application.

Decision:

The committee decided to grant the street trading consent for the four ice cream vans. While the officer recommendation was to refuse the application due to objections relating to public safety, air quality, and past non-compliance, the committee was persuaded by the applicant's revised operational procedures and commitment to addressing the concerns. Specific conditions were likely attached to the consent to mitigate the identified risks, particularly concerning noise and environmental impact, although the exact details of these conditions were not fully elaborated in the provided transcript.