'Smash burger' van forced to shut down after council tells owner it's too close to primary school

Daily Mail​

06-05-2025

The owners of a 'smash burger' trailer have been forced to shut their business - because it is within 'walking distance' of a local primary school, say council officials.
Co-owners Sam Carroll, 21, and Aaron Millar, 21, lost their bid for planning permission to house Smokies, their smash burger takeaway trailer, on the car park of Dunkirk Hall pub in Leyland, Lancashire.
South Ribble Borough Council rejected their bid on the grounds of new national legislation designed to prevent takeaways from being within 'walking distance' of school gates.
They also said the trailer caused 'harm' to the visible appearance of a Grade II-listed building that it sits opposite to.
The burger-loving duo employ 18 people, but in the wake of the decision they said they may need to halve their staff numbers.
Now owner Sam has criticised council officials for the 'ridiculous' decision and explained it is 'rare' for the van to get any kids coming to buy burgers after school.
Dunkirk Hall meanwhile has revealed they are 'in favour' of keeping the burger van in its current location.
Sam said: 'It took less than ten minutes for them to decide that we had to move on from the location. 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 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 out a way.'
The young entrepreneurs moved onto the plot on November 8 last year after a successful year at their first location at The Red Lion pub in Longton, near Preston, Lancashire.
To ensure the safety of their new plot they applied for planning permission from the council a couple of months later in mid-January 2025.
The black trailer is found in the front left of the 40 square metre carpark and takes up three car parking spaces - it is also hidden behind trees and bushes.
They also have a two chilled storage shed next door.
Yet on the week commencing April 14 they were 'shocked' to receive an email stating the council was set to refuse their claim at a meeting held the following week.
The authority's planning committee concluded the duo's latest venture did not align with national legislation designed to prevent takeaways from being in 'walking distance' of school gates and places where children and young people congregate.
This is unless the businesses are in designated town centre areas - which the council deemed their location is not.
There are four primary schools and one preschool within a 0.4 to 0.6 mile radius of the van.
Sam said: 'It is isn't often kids come and get a burger after school, especially while in uniform.'
'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.
According to Demi Scott, manager of Dunkirk Hall, children under the age of 18 are not allowed to congregate in the area owned by the pub without a parent.
The 24-year-old 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 in keeping us going in the tougher months.
'They are no hassle at all and 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.'
Council planning officer Debbie Roberts acknowledged judgment of what counted as walking distance was 'subjective', because it was not defined in the National Planning Policy Framework (NPPF).
However a report presented to members stated that 'on balance' the location of the business was likely to put it in breach of the rules, with the schools just a 10 minute walk away.
The new local regulations are yet to come into force, but were included within the proposed Central Lancashire Local Plan as the council 'deemed' them 'relevant'.
The regulations will block the opening of new takeaways in areas where levels of obesity in Reception and Year 6 children exceed 10 and 15 percent of pupils.
The authority's planning committee concluded the duo's latest venture did not align with national legislation designed to prevent takeaways from being in 'walking distance' of school gates and places where children and young people congregate
In the Earnshaw Bridge ward, where the outlet is based, 9.3 per cent of reception-aged children are obese but the proportion rises to 20.8 per cent of youngsters in the final year of primary school.
These rules have already seen takeaways blocked in Blackburn and Bacup, in Lancashire, due to there being too many obese children.
The council also deemed the burger van to be damaging to Dunkirk Hall itself.
Debbie Roberts said the 'visual appearance' of the facility caused 'harm' to the pub as a result of their proximity to the historic structure.
She added: 'There aren't considered to be any public benefits which outweigh the harm.'
Members voted to refuse the planning application and also declined to issue listed building consent for the business.
As Smokies put forward the application themselves they have six months to appeal the decision or vacate the area.
Smokies is still trading on the premises.
Sam said the company would like to work alongside the council to come to a conclusion on what they can do to keep it open.
A petition calling on the council to change its mind has so far garnered more than 1,800 signatures.
Sam said: 'We are proper community-led business, supporting a handful of those who live in the area.
'We are happy to move the trailer to a different location in the car park.
'We want to come to a conclusion rather than be dismissed.'