Ice cream van owner and driver ordered to pay more than £1,000 for illegal trading

An ice cream van owner and his employee have been ordered to pay out more than £1,000 after they were caught repeatedly trading without permission in Seaham.
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Durham County Council’s licencing team received multiple complaints about ice cream vans belonging to Major Singh, of North Field Drive, Newcastle, between March and June 2021.

Peterlee Magistrates heard the first complaint related to a van parked outside a school in the town in March last year. Checks revealed the vehicle belonged to Singh, 46, who did not hold a valid street trading licence.

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He was sent a warning letter, but the following month the council received a complaint about unlicensed street trading in the Vane Tempest Car Park.

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Licensing enforcement officers attended and advised the driver, Gurvinda Singh, that the vehicle did not have valid consent to trade.

The court heard Singh, 33, of Mimosa Place, Newcastle, was an employee of Major Singh at the time.

Further complaints were received in May, following an incident involving ice cream vans in the Vane Tempest car park.

Seaham Hall Beach Car ParkSeaham Hall Beach Car Park
Seaham Hall Beach Car Park
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On this occasion, the council was able to obtain body worn footage of the incident from Durham Constabulary to determine if the traders involved held valid licences.

Major Singh was contacted by telephone and claimed he had traded from that location for 11 years, but was informed he held mobile, rather than fixed consent, meaning vehicles are only allowed to stay for 15 minutes.

In June, enforcement officers contacted Major Singh by telephone again and advised him the applications he had submitted for his two vehicles were not complete and could not be progressed.

He was warned enforcement action would be taken if the vehicles were caught trading without consent.

The case was heard at Peterlee Magistrates CourtThe case was heard at Peterlee Magistrates Court
The case was heard at Peterlee Magistrates Court
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Magistrates heard that on June 6, a van driven by Gurvinda Singh and belonging to Major Singh was witnessed by enforcement officers at the Vane Tempest Car Park for 53 minutes.

It was then seen at Seaham Hall Beach Car Park for 40 minutes.

The officers cautioned Gurvinda Singh and he was later sent an offence letter, following further complaints from members of the public about an ice cream van being driven by someone matching his description on June 9, 14 and 15.

Gurvinda Singh pleaded guilty to trading in a street where a licence or consent are required without permission, stating he had trusted his employer and not carried out further checks.

He was ordered to pay costs and a fine totalling £325.

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Major Singh’s street trading consent was revoked on June 11.

He declined requests to attend interviews and pleaded guilty to trading in a street where a licence or consent are required without permission.

He was ordered to pay costs and a fine totalling £679.

Owen Cleugh, public protection manager at Durham County Council, said: “Street trading licences are incredibly important, and we will take action against those who repeatedly ignore our requests to comply with the legislation. We do so to protect customers and businesses that are operating legitimately.

“Court proceedings are always a last resort but, in these cases, the advice and cautions we gave on numerous occasions in person, by phone and by letter were ignored.

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"I hope this serves as a warning we take breaches of licensing law seriously.”

For more information about street trading consents and licences, visit www.durham.gov.uk/Streettrading

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