Ice cream man takes a 'poke' at the council

LIMAVADY Borough Council has come under fire after claims a legal case against a local ice cream vendor may cost thousands of pounds - for the return of a maximum £100 fine.

Ballykelly ice cream man Andrew King voiced his concerns about a "massive waste of ratepayers money" after another local vendor was told he will be taken to court after trading without a permit on Benone this year. Mr King, who currently has a valid licence to trade on the Limavady beach, says the case against the Coleraine based ice cream man will cost the council up to 4,000 in legal fees. But a bye-law passed by Limavady Borough Council in 1984, means the 'illegal' trader can only be fined 100 by the court. Mr King, who escaped prosecution by the council in 2005 after a legal loophole was found in the lease of the trading permits for the beach that year, says ratepayers will be paying for an "unjustified" cost.

"This is a massive waste of ratepayers money. I don't see how the council can justify paying thousands in legal costs to a solicitor that will only result in a 100 fine. Surely that money could be spent on something far better for the borough?"

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"Anybody with a bit of sense can see this is a waste. When the council tried to prosecute me the legal costs at the time were in the region of 3,000 to 4,000 pounds.

"At present there are three wardens on Benone to stop illegal vendors coming onto the beach. I don't see justification for this either. I'm not sure how much they get paid, but it's a waste of both resources and money to solely supply staff to stop illegal vendors."

The Kings Lane man adds: "The ice cream man in question has traded on Benone for 30 years. This year he just missed out on obtaining a licence from the council. Not so long ago I saw an ice cream van from Omagh on the beach who didn't have a permit either, but he was not prosecuted."

This year the council awarded six permits to ice cream vendors on a "first come, first served" basis. The cost of each licence is 680 each. Mr King added: "Together with the salaries of those employed to stop illegal trading on the beach and the legal fees to bring one ice cream trader to court for a small fine, the amount of money that the council, tax and rate-payers is losing is ridiculous."

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Under council bye-laws for Seashores, Esplanades and Promenades made on the 9th of July 1984, article six for trading states:

"No person shall without prior consent of the Council, on a seashore, esplanade or promenade, sell or offer or expose for sale, or let, or hire, or offer expose for letting or hiring, any commodity or article whatsoever."

In response to Mr Kings claims, a spokesperson for Limavady Borough Council said staff are employed for a range of duties on Benone.

"Limavady Borough Council employs staff on an annual basis to cover a range of duties at Benone Beach and Benone Tourist Complex. This season Council has extended the duties to include enforcement of Council's by-laws at the beach and unauthorised use of other Council facilities. Benefits include a substantial reduction in cars speeding on the beach making the beach a safer place, reduction in litter pollution, increase in revenue as a result of a reduction in unauthorised use of Council facilities. Council also has a duty to those who have paid for the right to trade legally at Benone Beach. The level of fine levied is determined by the Court."

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"Through the work of the staff at Benone Beach Council has tried to make the beach a safer place for families and in particular for children and other vulnerable groups. What price would you put on a life?"

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