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Licensing Sub Committee - Appeal Against Street Trading Consent Decision - Wednesday 4 February 2026 10.30 am

February 4, 2026 at 10:30 am Licensing Sub Committee - Appeal Against Street Trading Consent Decision View on council website

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The Licensing Sub Committee of Wiltshire Council met on Wednesday 4 February 2026 to consider an appeal against the refusal to extend a street trading consent for Mr Bulut Turak, who operates a kebab van in Central Car Park, Devizes. The committee upheld Mr Turak's appeal, granting him a further six-month trial period for his street trading consent, with trading hours aligned to his recently granted late-night refreshment licence.

Appeal Against Street Trading Consent Decision

The committee considered an appeal by Mr Bulut Turak against Wiltshire Council's decision not to extend his street trading consent for a kebab van in Central Car Park, Devizes. Mr Tom Ince, the Authorised Officer, presented the case for refusal, outlining a history of breaches of the consent conditions.

Mr Ince explained that Mr Turak's initial application in January 2025 had faced objections from Devizes Town Council regarding site safety, public order, and proximity to existing businesses. Despite these objections not meeting the council's criteria for refusal, a three-month trial consent was offered in March 2025. Mr Turak did not immediately accept this offer, and the trial consent eventually commenced on 1 August 2025, running until 31 October 2025.

During this trial period, Mr Turak was found to be trading under a different name, Marmaris Kebabs, instead of his registered name, Royal Kebabs. Furthermore, on 20 September 2025, photographic evidence showed Mr Turak serving a customer at 00:40, well after the permitted closing time of 23:00. Mr Turak admitted this breach, stating he served the customer to avoid confrontation, but he did not hold the required late-night refreshment licence at the time.

A further complaint on 2 October 2025 alleged Mr Turak was trading before the permitted 18:00 start time. Following these incidents, Mr Turak received a warning, and his trial consent was extended to 2 January 2026. However, on 20 October 2025, Mr Turak was reported to have traded in Devizes Market Place without permission, claiming he had been misled by an individual named Eddie, who was later identified as a music promoter, not a council employee.

On 7 and 8 January 2026, council enforcement officers observed Mr Turak trading in a different area of the car park than previously approved, and after his trial consent had expired on 2 January 2026. He had also advertised trading until 2 am on Facebook, despite not having a valid consent. Mr Ince concluded that Mr Turak had demonstrated an inability to comply with the conditions of his consent and relevant legislation.

Mr Turak, represented by Mr Mustafa Ugur Can, presented his case, explaining that he believed his consent was active once his monthly payments began and that he had been misled regarding trading in the Market Place. He admitted to the late-night trading incident as a mistake and stated he had applied for a late-night licence. He also expressed confusion regarding the expiry of his trial consent, particularly after receiving his late-night refreshment licence on 6 January 2026, which permitted trading until 02:00. Mr Turak felt he should have been formally notified of the refusal of his permanent consent before the trial period ended.

The Sub Committee considered the evidence and submissions. While acknowledging that the Authorised Officer had presented sufficient grounds for refusal, they noted the absence of reported issues concerning anti-social behaviour or littering, which had been initial concerns from Devizes Town Council. The committee accepted that some of Mr Turak's breaches could be attributed to misunderstandings and errors that were not repeated once addressed. They concluded that Mr Turak should be given a final opportunity to demonstrate his ability to comply with the legislation and operate his business responsibly.

The Licensing Sub Committee RESOLVED to uphold Mr Turak's appeal. A Street Trading Consent was granted to Mr Bulut Turak for Central Car Park, Maryport Street, Devizes for a further six-month trial period, ending on 5 August 2026. The permitted trading hours were set to align with his Premises Licence for late-night refreshment, allowing trading from 18:00 to 02:00, Monday to Sunday. The committee stressed that this was Mr Turak's final opportunity to prove his compliance as a responsible trader.

Attendees

Profile image for Cllr Trevor Carbin
Cllr Trevor Carbin Liberal Democrats
Profile image for Cllr Phil Chamberlain
Cllr Phil Chamberlain Liberal Democrats
Profile image for Cllr Kym-Marie Cleasby
Cllr Kym-Marie Cleasby Liberal Democrats

Topics

No topics have been identified for this meeting yet.

Meeting Documents

Agenda

Agenda frontsheet Wednesday 04-Feb-2026 10.30 Licensing Sub Committee - Appeal Against Street Trad.pdf

Reports Pack

Public reports pack Wednesday 04-Feb-2026 10.30 Licensing Sub Committee - Appeal Against Street Tr.pdf

Minutes

Printed minutes Wednesday 04-Feb-2026 10.30 Licensing Sub Committee - Appeal Against Street Tradin.pdf

Additional Documents

Appendix 3 B Turak ST Application_Redacted_Redacted.pdf
Officers Report.pdf
Appendix 4 Consultation email.pdf
Appendix 5 - Objection from Devizes Town Council_Redacted.pdf
Decisions Wednesday 04-Feb-2026 10.30 Licensing Sub Committee - Appeal Against Street Trading Cons.pdf
Appendix 10 Mr B Turak Refusal to Extend Street Trading Consent.pdf
Appendix 11 - Reasons for appeal letter Mr Turak email_Redacted.pdf
Appendix 1 Schedule 4 to the Local Government Miscellaneous Provisions Act 1982.pdf
Appendix 2 STREET TRADING GUIDELINES - April 2025 to March 2026.pdf
Appendix 6 - Council offer of a 3 month trial_Redacted.pdf
Appendix 7 B Turak starting in a month.pdf
Appendix 8 Warning email Oct 25.pdf
Appendix 9 - Issue of Late Night Refreshment Licence January 2026_Redacted.pdf
Appendix 9a Premises Licence - Dec 2025_Redacted.pdf