TOMORROW, the fate of a popular kebab van will be heard by councillors from Wokingham Borough Council.
They will make a decision as to whether Best BBQ King can continue selling kebabs, as it has done for 30 years, from Reading Road.
Members of the public will be able to watch the proceedings via the council’s YouTube channel, although the final part of the proceedings will exclude both the public and press.
Originally based in the bus stop, the kebab van was moved on police advice in 2016 to the car park of the Wokingham Youth and Community Centre, where it has traded in the evenings ever since.
The youth services department at Wokingham Borough Council no longer want the van on their premises, raising a number of concerns including litter, and customers parking on double yellow lines on a bus route.
In November last year, Thames Valley Police stated that they had no objections to the licence being renewed. However, Wokingham.Today understands that this has changed.
A spokesperson for Thames Valley Police said: “It would be inappropriate to comment on this specific case, since the licensing hearing has not yet taken place.
“However, Thames Valley Police, working with partners, have a responsibility to protect the public and our communities, and decisions are made based on assessing threat, harm and risk.
“Should circumstances change as a result of such assessments, we make our representations accordingly to assist the local authority in making their judgement.”
The van is run by Kenan Mursaloglu and has been operating around the Reading Road area for around 30 years, with a licence for street trading held since the year 2000. Under his 2005 license, he is able to trade from 5pm until 3.30am.
The van also has four stars out of five in the Scores on the Doors scheme, receiving a Very Good award for its Food Hygiene and Safety – the highest possible accolade.
There has been a community campaign aimed at saving the van, with a petition attracting more than 4,000 virtual signatures calling for it to be protected.
Despite this, and also alerting the fire brigade when St Paul’s church was hit by lightning in 2004, the recommendation to the panel is to refuse the application because the council’s children’s services department no longer wants the van on its premises.
Documents being considered at the hearing state: “Apart from a complaint in September 2017 about the disposal of rubbish which was dealt with … there have not been other complaints or issues”.
Despite this, Adam Davis, Wokingham Borough Council’s assistant director for children’s services, expressed concerns about the van in November last year, and the permission to trade was withdrawn in December; Mr Mursaloglu appealed in January.
Mr Davis’ concerns include the van operating while the youth centre is open, that it blocks four parking spaces, there is a lack of toilet facilities and litter bins, and some customers consume food in the car park.
He adds: “On occasion, there have been people under the influence of alcohol trying to access the Youth Centre, when activities are taking place”.
The council’s own briefing notes that: “There was no technical reason for refusal of the consent other than withdrawal of landowner consent”.
A height barrier was installed on the car park in March, forcing Mr Mursaloglu to trade from a grass verge outside it, which the council says has not been agreed. The barrier has not been lifted, despite the council offering him the ability to trade from the car park until the appeal hearing was heard as the youth centre is closed as a result of the coronavirus.
Lawyers for Mr Mursaloglu argue that BBQ King’s van was sited in the car park “because of the direct action of the licensing team, working in conjunction with other services within the Council” and that the Local Government Act does not include a clause denying a street traders license over landlords’ consent.
They also point out that in 2017, the then head of development and regulatory services at Wokingham Borough Council, Clare Lawrence, said: “We negotiated an alternative location at the community centre that suited all agencies and this was agreed by the then Leader, the exec member, Andy Couldrick and Children’s Services”.
The lawyers also point out: “As to whether there is nuisance or annoyance … the only information provided is the suggestion of ‘reports’ of unacceptable behaviour. None of these appear to have been investigated.”
They also pledge to have CCTV operating outside the van at all times while trading is taking place.
There are similar vans in similar places in Woodley Airfield, Winnersh crossroads, Lower Earley near Asda and Arborfield’s Royal British Legion.
Cllr Wayne Smith, executive member for planning and enforcement at Wokingham Borough Council, said: “The council cannot comment in detail at this time as this is part of an active licencing appeal. However, while we recognise this is a difficult situation we do not feel this community centre used by people with special needs and vulnerable people is an appropriate site for a burger van.
“We have given the business six months to look for an alternative location and have been communicating with Mr Mursaloglu throughout.”
