Ice cream van firm banned from Lowestoft street over noise complaint

A complaint was made that a Lamarti's ice cream van, like the one pictured, had played its chimes for too long

An ice cream van operator has been banned from a street over a complaint that one of its vehicles sounded its chimes for too long.

Lamarti's may not enter Ashfield Crescent, Lowestoft, Suffolk, after a member of the public reported its chimes played for more than 20 seconds.

Ice cream vans are only allowed to play chimes for a maximum of 12 seconds.

East Suffolk Council said the business could keep its street trading licence under three conditions.

Lamarti's can continue trading - but not in Ashfield Crescent

As well as staying away from Ashfield Crescent, it must keep a written record of when and where a vehicle is trading and must abide by the code of practice on ice cream van chimes.

A meeting of the council's licensing sub-committee heard a resident said the Lamarti's van played the chimes "excessively" during April and June at Ashfield Crescent.

The company, operating since 1980 and based at Bradwell, near Great Yarmouth, Norfolk, said its vans played chimes for just seven seconds automatically, and for between 20 to 35 seconds while stationary.

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According to the government's Code of Practice on Noise from Ice Cream Van Chimes, they can only be played for up to 12 seconds - and only once when the van is stationary.

The committee heard there had also been complaints that the company had operated in areas where it did not have street trading consent.

Owner Mohamed Lamarti's son Omar told the committee that the allegations regarding the chimes were "false".

He said: "Our chimes only go on for seven seconds and automatically stop and drivers are trained not to restart the music after they have stopped until they moved on to the next street."

What are the rules on ice-cream van chiming?

Vendors cannot sound chimes:

• for longer than 12 seconds at a time

• more often than once every two minutes

• more than once when the vehicle is stationary at a selling point

• except on approach to or at a selling point

• when in sight of another vehicle which is trading

• when within 50m of schools during school hours, hospitals, and places of worship on Sundays or other recognised days of worship

• more often than once every two hours in the same length of street

• louder than LAmax 80dB at 7.5m

• before 12:00 or after 19:00.

Source: Code of Practice on Noise from Ice Cream Van Chimes

Regarding the other complaint, he said replacement vans were sometimes used due to vehicle breakdowns, so the number plates may have differed to those registered.

He said the firm did not realise it needed street trading consent from East Suffolk Council in addition to permission from Lowestoft Town Council to operate at North Denes car park, and that a former member of staff stopped at Southwold during a break but did not serve from there.

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