Burger van shut down for being too close to primary schools

Telegraph

06-05-2025

A burger van has been shut for being too close to a primary schools, under Government anti-obesity rules.
Sam Carroll, 21, and Aaron Millar, 21, were denied permission to sell ' smash burgers ' from the car park of the Dunkirk Hall pub in Leyland, Lancashire.
South Ribble borough council turned down the application because the pub is less than a mile of four primary schools and one nursery.
The local authority cited the Government's 'national planning policy framework' which says takeaways outside of town centres should not be within 'walking distance' of schools or places where children and young people congregate.
Mr Carroll and Mr Millar, owners of the Smokies burger van, said they rarely served pupils because under-18s are not allowed on the pub's premises unless accompanied by an adult.
'It is isn't often kids come and get a burger after school – especially while in uniform,' Mr Carroll said. 'If a child does come up to the van they are usually with their parents who are enjoying their evening at the pub.
'They'll order for them, normally getting the kid one of our kids' meals.'
Demi Scott, the manager of Dunkirk Hall, said: 'If a child came onto the premises by themselves, we would turn them away. We legally can't have them here.
'We don't want to lose Smokies. The community they have brought has been super beneficial keeping us going in the tougher months.
'They are no hassle at all very polite. They have never taken a step wrong. The van is out of the way of the building so I don't see what the problem is. I really hope it comes to a fair conclusion.'
Mr Carroll and Mr Millar started their catering business in 2023, and moved to Dunkirk Hall from The Red Lion in Longton, Lancashire, in November last year.
The entrepreneurs applied for planning permission for their trailer to occupy the site in January.
But in April, they were told the council would refuse permission because of the anti-obesity guidance preventing takeaways being within 10 minutes' walking distance from schools.
Debbie Roberts, a council planning officer, admitted that walking distance was 'subjective' but in a report to councillors on the planning committee, said the van would likely breach the rule.
She also said that the 'visual appearance' of the van would cause 'harm' to the Grade II-listed pub.
Councillors voted to refuse the planning application last month.
Smokies, which is continuing to trade, now has six months to appeal against the decision or vacate the premises.
'It took less than 10 minutes for them to decide that we had to move on from the location,' Mr Carroll said. 'It felt like instant disregard.
'The community love our food. They go out of their way to tell us how much they enjoy it and leaving reviews. We are a small business which has grown so much thanks to the word of mouth of our customers.
'We don't want to have to fire our staff. They have done nothing wrong. We will do whatever it takes to keep it open - we want to work with the council to come to work and work out a way.'
Mr Millar and Mr Carroll hope to work with the council to agree a compromise allowing them to keep trading.