Council falls foul of natural justice

Exclusion zone condition on street trader's licence vitiated by councillors attending school board

News, 9 August 2005

A trader who has sold hot food from his van for the past 12 years to students at St Andrews' Madras College has won an appeal against a decision to impose an exclusion zone around the school as a condition of his new licence.

Sheriff George Evans at Cupar upheld Murray Cameron's appeal against Fife Council's decision on the basis that two councillors on the subcommittee which heard his application, had also attended the meetings of the school board that decided to oppose the van being allowed to trade outside the school.

One councillor, Councillor Sangster, had declared an interest but the convener had said that he "did not get out of it that easily", as all councillors were entitled to attend the board. That request to withdraw, said Sheriff Evans, "was not only commendable but with hindsight has proved entirely correct".

The school board had decided to oppose the application due to concerns about road safety and the dropping of litter, though there had been no previous accidents and the police had no safety concerns. The sheriff said that given the risk that the councillors had been influenced by the school board's discussion and the fact that they made up two of the six-member subcommittee, the subcommittee had acted contrary to natural justice.

However the council should be allowed to decide the issue and the application should be heard by a committee not including either councillor.

Sheriff Evans' decision can be read at http://www.scotcourts.gov.uk/opinions/B126.html .