Street ban for 'loud' ice-cream seller after foul-mouthed abuse
AN ice-cream man has been banned from a street for swearing at residents upset by the loud chimes played by his van.
Council staff took an 84-decibel reading from inside a house when David Wilson drove down Bridge Yard Avenue in Ripley.
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Judge Andrew Hamilton
Derby Crown Court heard that the volume of the chimes led street resident Paul Cooper to challenge Wilson, 48.
Mr Cooper told the court: "It was like a police car in your living room, it was so loud.
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"I asked him to turn the music down. He said there was nothing I could do about it, nothing the police could do about it and nothing the council could do about it."
Wilson denied swearing at Mr Cooper and his wife, Michelle, and yelling at another resident: "You've got your gay boy to do your dirty work."
The incident took place on November 13 last year and prompted another neighbour, Robert Sutch, to come out of his home.
He told the court: "Wilson gave a two-fingered salute to my mother and daughter."
The court rejected Wilson's appeal against a conviction for threatening words and behaviour in November last year.
He was ordered to pay £945 costs and was banned for two years from driving his van down Bridge Yard Avenue, Ripley.
PC Louisa Briscoe said Wilson was offered a £80 fixed penalty but said:"I will go to court."
He was later convicted by magistrates. The crown court was shown a video of the van going down the street on a later occasion, when there was snow on the ground.
On the commentary, Mr Sutch could be heard saying:"If that's not a wind-up, I don't know what is.
"Who would want to buy an ice-cream on a cold winter's day? The temperature outside must be zero."
Wilson, of Robin Hood, Whatstandwell, told the court: "They are just trying to get me off the estate.
"I didn't swear at him. It's not the thing to do in an ice-cream van, is it?"
He denied making rude signs but agreed Mr Cooper appeared annoyed by the van's music.
"I said 'there's not a lot you can do about it.'
"He said 'yes, there is and I will get it sorted.' Then he said he was going to ring the police.
"I am driving off and you have got Mr Cooper, his neighbour and some children standing there just grinning."
But Judge Andrew Hamilton, sitting with two magistrates, said they accepted the residents' view of the incident.
"We appreciate that there may be some ulterior motive but we take the view that Mr and Mrs Cooper are honest people who would not stoop to fabricate evidence."
Comments
by chunky84
Wednesday, December 12 2012, 1:55PM
“That ban isn't going to really affect him this time of year is it?”
by BusinessOwner
Wednesday, December 12 2012, 1:24PM
“Any chance of banning idiots collecting scrap metal too ?”
by 60yearramsfan
Wednesday, December 12 2012, 12:51PM
“It is a pity that this useless individual was only banned from taking his vehicle down that street for 2 years. 20 years would have been more appropriate as he obviously has no remorse and thinks he has a God given right to do as he pleases wherever he pleases.
I can think of a few streets where physical retribution may have been taken out on him so he should think himself very fortunate. Whilst I do not approve of violence sometimes it the only lesson some arrogant and ignorant people will learn from.”