THE OWNER of a popular kebab van has been given a hearing date, as he battles the borough council over his trading pitch.
Kenan Nursalson, who has run the BBQ King kebab and burger van for the last 29 years will be appealing the refusal of his street trading licence renewal on Friday, May 1 via a virtual meeting.
Mr Nursalson has been trading from the Wokingham Youth and Community Centre car park since 2017, after being given permission by the borough council.
But last month, he was blocked from entering the site after a barrier was installed at the entrance.
Next month, the Licensing and Appeals Hearings Sub Committee — which consists of
Cllr Chris Bowring, Cllr Sarah Kerr and Cllr Malcolm Richards — will review Mr Nursalson’s appeal.
On Thursday, November 28, the borough council estates manager, Irene Kearns contacted Mr Nursalson stating: “The council does not feel that the location of your van in the grounds of the Youth & Community Centre is compatible with the activities of the Youth & Community Centre and we will therefore not be able to support your application for a renewal of your street trading licence.
“I understand that your current licence expires on Wednesday, December 4 after which it will no longer be possible to trade from this location.
“If the Council can help with finding another suitable location we would be pleased to help, albeit that a suitable location may not be easy to find.”
However, Mr Nursalson’s lawyers have argued that no clear explanation or evidence has been provided to explain why the trading spot is no longer compatible with the activities of the Youth & Community Centre.
They said: “As to whether there is nuisance or annoyance, this is a matter of evidence that should be provided. As matters stand, the only information provided is the suggestion of ‘reports’ of unacceptable behaviour. None of these appear to have been investigated, as far as has so far been disclosed. In view of this, the ‘allegations’ should be considered to carry very little weight, if any.”
On Wednesday, December 4, Mr Nursalson was offered an additional month of trading, however this was not accepted, and was later revoked.
The next month, on Tuesday, January 14, Mr Nursalson, was told he would have to cease trading after a week.
Ms Kearns added: “The council has considered whether there are any locations within our portfolio that we might have been able to offer to you but unfortunately none has been found.”
The same day, the licensing committee decided not to renew his trading licence at the site.
However, Mr Nursalson’s lawyers have argued that: “In the circumstances where a business has been trading for several years, it would be expected that proper notice with a 28-day period would have been served.”
Mr Nursalson subsequently appealed the decision, and has been trading from the centre with temporary permission from the council. The barrier has been opened for the van to gain access since Wednesday, April 1.
However the council say this temporary permission will end the date of the hearing — or earlier if the Youth and Community Centre reopens, or “if any nuisance is caused”.
