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A child's hand passing on coins in a man's hand in an ice cream van

Inside scoop on illegal ice cream trading

An ice cream van owner has been banned from trading in the borough until he can prove he has legal permission.

Muhammed Idrees Mian, of Uxbridge Road in Southall, appeared at Uxbridge County Court earlier this month after Ealing Council applied for a civil injunction that prevents him from selling ice creams without a license.

He has agreed to the conditions of the injunction and was ordered to pay £2,500 towards the council’s legal costs.

In January 2021, Mr Mian was prosecuted at Uxbridge Magistrates’ Court for several offences of illegal street trading and was ordered to pay more than £,2800 in fines and fees at that time. In May 2023, Mr Mian was then prosecuted again at the same court, and found guilty of the same offence. On this occasion, he was ordered to pay nearly £6,000 in fines and legal fees.

If Mian fails to comply with the new injunction and commits further offences, he could face a prison sentence.

Ice cream vans

Legally, ice cream vans are meant to be constantly in motion and are not allowed to stay parked on unrestricted roads to trade for any longer than 15 minutes at a time – and they must then move on and not return to that location for the rest of the day.

If vans remain stationary all day, they effectively become a de facto ‘fixed pitch’ street trader operating without a licence. The vehicle can receive a parking charge notice (PCN) for unlawful parking, particularly if it is parked on the footpath or in a controlled parking zone (CPZ) without a permit. The trader may receive a fixed penalty notice (FPN) for wilful obstruction of the highway, and may also be prosecuted for unlawful street trading.

Councillor Paul Driscoll, the council’s cabinet member for climate action, said: “We expect anyone who wants to trade in the borough, and park, to do so legally. But, if you choose to ignore the laws, you can expect to have action taken against you.”

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