Stuart's of Buckhaven applied for permission to have a weekend stall cooking burgers and sausages but was denied on public safety grounds.

Managing director Alan Stuart has slammed the council over its decision, claiming there are double standards in granting the necessary licence.

He said: "The complaint we have is that everybody approved our application – Fife Constabulary, environmental health services... but not transportation.

Mr Stuart said the council's transportation team was on record as saying that it never granted permission for the sale of hot food in the town centre.

"But three or four times in the year Kirkcaldy High Street has a continental market filled with traders selling hot food," he added.

Mr Stuart pointed out there were two different types of trade licences - one for an individual and a group market licence – but feels everyone should be treated equally.

"There are 30 or 40 traders who attend the continental market and all I am seeking is a level playing field," said Mr Stuart.

" I asked the council what would constitute a market, whether it be two or 10 stalls and I couldn't get an answer. I think the council is just making it up as it goes along."

Members of the local authority's licensing committee unanimously rejected the application after hearing concerns from transportation services that the barbecues would cause an obstruction on the High Street, would lead to littering, create smells and smoke and compromise public health and safety.

Derek Crowe, senior manager, roads and engineering services, said: "As managers of the public highway, our principal concern is to ensure public safety and to minimise obstruction to pedestrians in such a busy shopping area.

"For these reasons, we advise against food trading vans, barbecues and temporary structures in town centres."

As regards the continental market, Mr Crowe added: "Occasional organised events, such as continental markets, are covered by separate regulations.

"Vendors at these events need market operators' licences and health and safety considerations are built into the regulations governing such markets."

Mr Stuart explained the planned barbecues, which would have run on Friday and Saturday afternoons, would have been behind bollards on the high street and would have been cordoned off, so the public could not get too close.

The rejection has ended the idea for this summer, but Mr Stuart is not deterred and is deciding on his next course of action.

He said: "Once we get written documentation of rejection we have to go through the Sherriff Court to try and appeal.

"I would much rather discuss it with Fife Council to try and find a solution – it would save money going in the lawyer's pocket."

Want to comment? E-mail
mailnews@fifetoday.co.uk