KEBAB VAN LOSES PITCH APPEAL

A POPULAR Wokingham kebab van can no longer trade in the town after councillors decided to refuse their appeal.

For nearly three decades, Best BBQ King has served late-night snacks from its van based on Reading Road, but it has served its final customer after the decision from the Licensing and Appeals Hearings Sub Committee.

Cllr Bill Soane chaired the meeting, also attended by Cllr Sarah Kerr and Cllr Emma Hobbs, held from 10am on Thursday, June 11.

The trio heard evidence fromc ouncil officers, police officers, van owner Kenan Mursaloglu and legal representatives.

The van was moved in 2017 to the car park of Wokingham Youth Centre, after the bus lay-by became unsuitable. The new location had been agreed by councillors and council officers, but this consent was withdrawn in last year.

Irene Kearns, estates manager for Wokingham Borough Council, had told Mr Mursaloglu in November 28, 2019 that his permission to trade from the youth centre would expire on December 4 – a week later.

But Jon Payne, acting for Mr Mursaloglu, told the hearing that at the time of the application for a license to trade from the site, “absolutely there was” consent from the council.

“The position when the application was made was that there was quite clearly landowner consent,” he said. “They were entitled to apply for a license, it’s not retrospective: at the time the application was made, there was consent in place.”

He added that the council should have approved the application as a result and was concerned that the hearing was confusing the issue of Mr Mursaloglu’s consent to use the land with other issues.

Some of these issues included the behaviour of customers, but Mr Mursaloglu said that his team cleaned the site every day, and they refused to serve customers smoking cannabis: “We send them away,” he said.

On allegations that there had been people urinating in the car park, Mr Mursaloglu said that he hadn’t seen that, and if “any staff member needed the toilet, the come to my home (which is nearby) and then just goes back. There is no toilet issue whatsoever”.

And with litter, Mr Mursaloglu confirmed to the council that the van’s staff collect it at the end of a shift and he then pays for its disposal.

Mr Payne added: “It was very clear that the council gave permission for the site. It is very clear there were no objections other than parking. The question is now, what has changed? Clearly the issue is something to do with the van and the centre.”

He added: “It is abundantly clear the council does not want the youth centre to have a fast food outlet in it. The whole situation relies on conjecture and not the evidence of our submission.

“Had there been incidents since they first started trading they would have been raised. There clearly hasn’t. Absolutely, consent should be granted and there is no evidence to suggest to the contrary.”

Councillors raised concerns over the electrics used at the site, but had been tested and was safe.

Adam Davies, from Wokingham

Borough Council’s children’s services, said that moves were being made to prepare the site for re-opening after lockdown and that the van needed to be gone to allow that to happen safely.

Matt Lewin, representing Wokingham Borough Council, said when asked if any alternative site positions were now possible: “Since early December, permission to use the car park was withdrawn. None of those (offers for alternative solutions) had been accepted (by Mr Mursaloglu). I can understand why officers offered one month for Mr Mursaloglu to find an alternative location. Thatwas met with no response whatsoever.

“Since then, Mr Mursaloglu has continued to trade without consent and has been breaking the law.”

And Ms Kearns confirmed: “I have had some discussions as to what might be (an) appropriate (location). We couldn’t think of anything.”

She also told the panel that Wokingham’s town centre was not considered to be a suitable location.

The final part of the hearing, which included statements from Thames Valley Police, was heard behind closed doors – even Mr Mursaloglu was unable to attend this part of the proceedings.

The council has told Mr Mursaloglu it will help him try and find a new, suitable pitch.