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Illegal ice-cream van trader given maximum fine

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Illegal ice-cream van trader given maximum fine 24th June 2018

Elma Sanli operates an ice-cream van in London. She does not possess a licence to street trade in the City of London and in 2012 was injuncted from street trading in Lambeth and Southwark Boroughs. Mrs Sanli has been convicted of illegal street trading in the City of London on 5 previous occasions over the past 5 years.

On 14 April 2018 she was seen, again, selling ice-creams from her van by a licensing and enforcement officer, Nad Valaydon, in the City of London. Police were called and the ice-cream van was seized. Mrs Sanli was prosecuted for illegal street trading under the City of London (Various Powers) Act 1987. Soon after she was prosecuted she transferred the ice-cream van into her husband’s name in a slightly less than cunning plan to avoid the consequences of her actions.

On 22 June 2018 at City of London Magistrates’ Court Mrs Sanli pleaded guilty to one offence of illegal street trading. Despite the guilty plea she was sentenced to the maximum fine of £1,000. She was also ordered to pay the prosecutor’s costs of £3,225 in full.

The City of London Corporation also sought a forfeiture order in relation to the ice-cream van which had been valued at £45,000. This was resisted by Mrs Sanli’s lawyers on the basis that this would amount to disproportionate punishment when related to the maximum sentence and her behaviour. The Corporation pointed out to the court that Mrs Sanli had previously signed an undertaking in 2014 acknowledging that she risked having her van forfeited if she offended again.

In the event the Court agreed to make the forfeiture order.

Gary Grant of Francis Taylor Building prosecuted the case for the City of London Corporation, instructed by Paul Chadha and Jenny Scott of the Corporation’s Legal Department.

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