A coffee van has been granted a street trading licence despite trading standards officers raising concerns about food hygiene and social distancing measures.

Simeon Portway, owner of The Tube, had applied to Cornwall Council for a street trading licence to operate the business from a site in Market Street, Penzance.

The council’s street trading sub-committee agreed to grant the licence when it met this week but imposed conditions on the business.

These included that anyone working at The Tube must wear a face covering and, if they can’t wear a face mask, should wear a visor, or similar. If neither is possible then medical evidence will be required for why they cannot be worn.

The Tube will also have to have a full allergen management system in place and provided to the council, and will also need signage to remind customers about social distancing and that they are required to disperse.

Mr Portway’s application was to use The Tube to serve hot drinks, cakes, pastries, soups and lemonade.

However the application attracted comments from a number of groups, including Penzance Town Council, environmental health, licensing compliance, trading standards, Penzance BID and Penzance Anti-Social Behaviour caseworker.

All had raised concerns about how the business was operating and with specific comments around social distancing and following Covid-19 guidelines.

There had been concerns about customers gathering around the van and also that a chair was in place which encouraged people to stay; that chair has now been removed following advice.

Mr Portway told the committee that the business had been trading and serving the community in Penzance for more than five years. He said that there was a lot of support locally for the business.

He said that in relation to Covid-19 guidelines, when he had been informed about the advice provided by council officers the business had made changes, including signage, to remind customers of social distancing and a plastic screen separating staff from customers.

And he said that after comments were made about how food was sold from the site the business had switched to serving only drinks.

However, Mr Portway told the committee that while signs had been put up about social distancing he did not feel it was the business’s responsibility to ensure guidelines are being followed.

He said: “There have been a few complaints about members of the public standing around the van. Although we encourage people not to gather around the van it is not in our power to enforce this.”

He added: “Although we adhere to and highlight these guidelines we do not have the power to control our fellow members of the public and encroach on their rights in this way.

“It is not incumbent for members of the public to enforce any government guidelines on whether members of the public follow the guidelines.”

Mr Portway said that he believed that the guidelines went against freedoms protected in the Human Rights Act and added: “We should not be penalised for upholding this position.”

An environmental health officer said that inspections were carried out after concerns were raised about compliance with social distancing.

He said that when he visited some changes had already been made and that he was “moderately satisfied with the procedures in place”.

Trading standards officer John Tutchier told the committee that he had concerns about the lack of food allergy information being provided by The Tube.

He said that during his visit there were cakes and pastries on sale with no information provided about food allergens.

He added: “Allergens are really important and food operators have to make sure they have that information to hand.

“When I spoke to the young lady (working at the van) about any food allergen management system she said she had nothing in place.”

Mr Tutchier said he was also concerned that food on the counter of the van was uncovered.

He added: “The comment I received was that if you got food poisoning you will get over it.”

The trading standards officer said he was concerned that the staff working at The Tube did not have the relevant training.

Mr Portway told the committee that his son and his partner, who work at The Tube, both had a level two qualification in food hygiene.

The committee agreed unanimously to grant the licence.