17 Aug 2009

Mr S


Thank you for your e-mail concerning Amber Foods. You are correct in your comments about the vehicle A7KAN persistently parking on the pavement and the double yellow lines. My staff have visited him on numerous occasions and I have myself been to see him and explained how dangerous and inconsiderate his parking has become. His vehicle has been issued with 19 PCN by NSL the enforcement contractor and they have also logged the vehicle to be removed.
The highways department have been informed as he continually leaves his food stock on the highway which is also an offence. The police have also been asked to intervene and issue him with fixed penalty charge notices.

I have asked the Highways department if they can install some bollards to prevent him from parking on the pavement and am waiting for their response. Please be assured that the council are doing everything in their powers to stop this illegal parking. If there is anything further I can hep you with please contact me.
Carol Rogers

30 October, 2009,

Date: Friday, 30 October, 2009, 7:03 PM


Bill

I can assure you that we are working together with NSL parking & the affected departments within the Council (Highways & trading standards) to address the many issues surrounding Amber foods.

Obviously what we are after at the end of the day is for all parties to peacefully co-exist whilst maintaining the free flow of traffic along western Road with no obstructions for vehicles or pedestrians alike.

A joint professionals meeting was held last week and Mr Khan was visited 2 days ago by PCSO Julie Wornham and Mat Thomas, an Antisocial Behaviour case worker from the Partnership community safety team.

It would be innappropriate of me to discuss the contents of either meeting but could I please just ask that should you, or anyone else you are in contact with become aware of any information or witness any incident which is anti social in any form, that you record as much detail as possible
and pass it on to PCSO Julie Wornham who is collating all incidents. However frustrating it may be I would please ask that no-one reacts or intervenes, that all incidents are reported through the correct channels and this will ensure that we have a clear and untarnished view of the incidents.

I would be very grateful if you could please pass this message on to your East Brunswick Contacts.
I have copied PCSO Wornham into this email so that you are aware of her email address.

Regards
Richard Delacour
Inspector

Amber Foods fined for dumping trade waste

A business in Western Road has been successfully prosecuted by Brighton & Hove City Council for dumping trade waste in a communal bin.

Imaad Khan, director of Amber Foods, pleaded guilty to putting waste, which included a quantity of rotting pineapples and oranges, as well as boxes of all shapes and sizes, into a communal bin on Waterloo Street in June.

Brighton Magistrates ordered Mr Khan to pay a fine of £1,000, plus costs of £600 and £15 victims’ surcharge by the end of court business today.

For the first time the council invoked ‘bad character evidence’ as the accused had received at least four warnings in the past about his trade waste. He had also been interviewed under caution for a separate incident of fly-tipping last year on the Downs and given a £75 fixed penalty.

Councillor Geoffrey Theobald, cabinet member for environment, said: “We are pleased at the level of fine in this case as this was not a one-off incident. Communal bins are for residents and we will not hesitate to prosecute businesses who do not take responsibility for their waste.”

27-10-09

Hello,

Another picture of pavement obstructions for your collection.



I can find no entry for Amber food stores in Brighton or Hove at the VOSA/DOT website who issue licences for "operating premises" licences.

Dear Ms. M,


Many thanks. An updated case file is being prepared to reflect things seen by my officers at the weekend. However, as with previous attempts to deal with this site, I cannot predict the reaction from our litigation team (or indeed a Magistrates’ Court).



We here, of course, have no jurisdiction over the vehicle-related issues raised regarding this site.

Regards,

Ian Denyer

Senior Highway Enforcement Officer

22-10-09

Christina,
I was copied into an email from Police Inspector Richard Delacour, Hove Police Station who has interviewd the owner of Amber Food Stores in connection with a related matter concerning use of his van. Inspector Delacour in his email states,he has been informed by the owner that he needs to park his van continually outside his store as he is using the premises as a commercial greengrosers warehouse to supply some 90 shops and restaurants.
The Inspector is suprised, as I am that he has permission to use the premises for this purpose.Can you please let me know what business use permission the premises have and whether they cover the above use.
Thank you.



Dear Mr



I’m afraid I don’t know what business use is permitted with regard to this premises. I think an officer in planning would be best placed to respond to that query so I will forward your e-mail onto a colleague in the Planning section.



With regards

Christina

19th oct

Dear All
I have heard no further from you or the others listed in this e mail.
What action has or is being taken re this case?
Traffic Warden 406 tells me that he has been told to waste no further time on the case as it produces no income for NCP (his bosses). He has been instructed to ticket in the centre of town where it is easy to get a conviction and fine.
Comments please.


Dear Mr



Further to my last message regarding the traders’ objects on the highway, Amber Foods received a final warning as a precursor to any legal action. Following a further breach last week, evidence has been gathered and officers will be preparing a case file for consideration by our legal team.



With regards

Christina

9th october

9th october
Dear Sarah & Julie
As you know we have a problem with the owner of the Amber Food Stores. Western Road Hove.
Pavement obstruction caused by the parking of his van and the display of goods that spread ever closer to the pavement.
I have just had a young traffic warden called Mr L No. xxx talk to me about his distress caused by the owner of the store. Mr L tells me that for at least 18 months he has felt threatened by this man and has been insulted by him on many occasions. He has been fobbed off by his backup from the Traffic Department who tell him its a civil matter and they will not get involved in any action against this man.
I think it has become a criminal matter that needs attention from the Police.
Be warned you will be accused of being a racist when/if you talk to him. So have your answers ready.
Certainly a prosecution for the continued parking of his van (which he says is unloading - all day every day)
Christina Liassides of Highways is considering action against him for his pavement displays but as yet we have to see a result of her proceedings.

--------------------

9th october
Dear all

The incident (603 of 04/10) has been recorded as a crime (Crime number CW2/098519/09) and the officer has plans to interview Mr Khan in due course as it was not practical to arrest him there & then.

My understanding of the situation is that Mr Khan is trying to run a commercial greengrocers warehoue business from a high street store. If it was just a shop then it would not be a problem but he apparently supplies about 90 local shops & restaurants & is therefore continually loading & unloading his van. I can see that, practically speaking, he would need to have a vehicle close by to his 'warehouse' but one could argue that the high street is not the right place to have a 'warehouse'.

I have seen for myself that the situation is unacceptable & large vehicles & buses often find it difficult to manouvre around his van.

The local PCSO's have tried to mediate & deal with this by getting Mr Khan to apply for a residents permit but he was apparently turned down by the Council.

I have asked for Pc Gary Thompson to look at the situation with a view to resolving it from a multi-agency approach. I have given the instruction that we will try to acheive a mutually agreeable solution but that we need to come to a conclusion on these obstructions and no-one is above the law.

Many Thanks

Regards

Richard Delacour
Inspector

5 oct

5 oct
Dear all



Thank you for copying me into your correspondence.



In fairness to the officer concerned, the Highway Enforcement team has been extremely short staffed since May due to sickness absence. The team have done a sterling effort to keep the various services going, which includes all the functions mentioned, but there has been an inevitable and genuine knock-on effect on our work plans.



With regard to this specific site, I myself submitted photographs and information to our legal team earlier this year and was informed at the time that the actual infringement onto the public highway was not to an extent that legal action was felt appropriate or with any likelihood of success. However, we now have recent photographic evidence showing the current infringement and this is being submitted to our Legal team for renewed consideration.



With regards

Christina

2909

Dear Paul
As Christina Liassides is not present we will hold off on an Official Complaint until her return. However her failure to respond on her return will mean that we will press ahead with this complaint.
Other recipients of this e mail please let me have your response to the e mail from the Council Officer (unamed) pleading no staff to cope.
Thanks

29/09pe

From: Paul Elgood


We have been monitoring Amber as best we can given present resource difficulties (at times over the last two months I have been down to one HEO, one temp. and one member of the administrative Support team on duty to deal with all aspects of our work - including the processing of an average of over 120 skip and scaffold licences we are issuing each week, all site inspections, vegetation & responses to complaints etc. etc.). I have only one record of a recent infringement at the Amber site that I would argue as potentially actionable (given previous rulings by Legal team). However, this occurred during the prosecution (upheld) against this business over waste issues. We are monitoring, as best we can, to see if the recent Court action has concentrated the owner’s mind at all. If genuine, potentially actionable breaches are discovered we will pass matters to our Legal Team again. Unfortunately, all incidents I have seen during my own recent visits have been very minor infringements, the pursuit of which could, given the recent prosecution, lead to accusations of the Council targeting this site while apparently ignoring or tolerating worse breaches by other businesses. We will continue to monitor as best we can under the present circumstances

29 sept

I feel obliged to add to Mr C's comments. If every shop in Western Road were to take the same attitude as Amber Stores we would not be able to walk along the street.The council, by not taking any action, is sending out a signal to every shop in Western Road that it is OK to completely ignore the regulations. It is a total disgrace that no action is being taken.This has now been going on for at least the last two years. How can the council take action against any shop that commits the same offences whilst ignoring this situation? EBRA have made so many complaints to your department about this store that I consider it is time for our association to make a formal complaint about the lack of action by the Highways Department. What is so difficult about doing something about this? We are not interested in hearing the often quoted phrase by Mr Denyer of "de minimus".
The store is committing an offence. The courts can not ignore that. They may say that the offence is minor, but you should be able to demonstrate that you have been trying to work with the store to persuade them to comply with the regulations and that they have completely ignored your attempts. That should be sufficient for the court to find them guilty and fine them accordingly.We would like to see the correspondence you have had with your Legal Department and the advice they have provided.We do not accept that legal action can not be taken.Would you please respond to all the above concerns.

Date: Tue, 29 Sep 2009 19:36:10 +0000
From:
Subject: Amber Food Stores - Western Road Hove
To:

Dear Ms Liassides
If you have been reading your e mails from EBRA you will have noticed that this establishment is cause for concern with the residents of Brunswick Town.
Attached is a picture taken this evening. Just how does a person with a pram or wheelchair get through this narrow gap? I have seen persons having to step out into the road to get past. If there is a customer selecting items from the display the walking traffic has to stop till the way through is clear. It should also be noted that this spot is a crossing point.
Action must be taken to get this obstruction removed and removed for good.
A reply this time please.
Thank you

21 April 2009

21 April 2009 08:50
Update re. Amber Foods: We are still awaiting a response from Legal Team regarding a further, recent query from ourselves regarding highway-related activities at this site. Cityclean are handling all waste-related issues at this site.
Regards,

Ian