Spice 37, an Indian takeaway in Yate, has been ordered to pay a total of £4,413 in fines and costs after South Gloucestershire Council prosecuted them for fly-posting offences relating to a banner van.
Ifran Raja Ahmed, the owner of Spice 37 on Wellington Road in Yate failed to appear at Bristol Magistrates Court on Monday 14 October but was found guilty in his absence of fly-posting. He was fined £2,500 and ordered to pay costs of £913 and a victim surcharge of £1,000, making a total of £4,413.
The court heard that on 12 October 2023 the council first became aware of an Iveco banner van parked on the highway at Lodge Road, Yate. The vehicle was noted as advertising a business called Spice 37, an Indian takeaway located at Wellington Road, Yate. A letter was sent to the owner of the business, highlighting the offence and requesting its removal. The letter also noted that the vehicle was untaxed and had no MOT certificate to be on the highway.
On 2 April 2024 the owners of Spice 37 were again sent a warning letter in respect of the banner van being parked stationary on the highway in various locations including at the roundabout situated at the bottom of Rodford Way, Yate.
A few days later, the vehicle was again sighted at the bottom of Rodford Way, Yate near its junction with Westerleigh Road. A Fixed Penalty Notice (FPN) was issued and sent to the business on 16 April accompanied by a Community Protection Warning (CPW) restricting any further fly-posting. The FPN went unpaid and a reminder letter was sent on 1 May with a further reminder sent on 15 May but still no payment or contact from the owner of the business was forthcoming.
On Wednesday 29 May a council officer attended the Spice 37 shop and spoke to staff there who provided the owner’s name, Mr Ifran Raja Ahmed, and telephone number. The council spoke with Ahmed on 3 June where he confirmed that he was the owner of the business but claimed he had not received the FPN. The council delivered a new copy of the Notice to the shop on 6 June. Ahmed was then sent a message on 12 June confirming that a new copy of the FPN had been left at the shop for him.
A further call was made to Ahmed on 19 June to enquire how he wished to proceed with the FPN and he stated that once he had seen it he would arrange payment without delay. To date no further contact has been had with Ahmed and the Fixed Penalty has not been resolved.
Councillor Sean Rhodes, cabinet member responsible for environmental enforcement at South Gloucestershire Council, said: “I’m pleased to see this considerable fine handed to the takeaway owner. Unauthorised roadside advertising is illegal, often unsightly, and can block visibility or cause a distraction to other road users.
“The council will always try to work with local businesses to resolve any issues however in cases such as this where owners fail to engage, we are left with no option than to prosecute through the courts.”
Residents who see illegal fly-posting are encouraged to report it by contacting the council’s StreetCare helpdesk on 01454 868000, emailing streetcare@southglos.gov.uk or visiting www.southglos.gov.uk/report
