16 week jail sentence for Street Trader following council investigations
A Cardiff mobile food outlet owner has been sentenced to 16 weeks imprisonment following investigations by Caerphilly County Borough Council and the City of Cardiff Council into instances of illegal street trading.
Anthony Zaccaria, 53, of Railway Terrace, Canton was taken to court by both councils for separate offences of street trading without consent – on two occasions in the centre of Cardiff in June and September 2015 and on one occasion at the Big Cheese in Caerphilly in July 2015.
Zaccaria pleaded guilty to two offences of Street Trading without Consent when the case brought about by the City of Cardiff Council was heard on 14th January 2016 at Cardiff Magistrates Court. He also pleaded guilty to one offence of Street Trading without Consent in the case brought about by Caerphilly County Borough Council, which was heard at Newport Magistrates Court on 29th January 2015.
These cases came less than a year after Caerphilly County Borough Council brought about a prosecution against the same man for similar offences at the Big Cheese in July 2014. In this case, Zaccaria pleaded guilty to one charge of Street Trading without Consent and three charges under the Food Hygiene (Wales) Regulations 2006. He was given an 18 week suspended sentence, and was ordered to pay costs of the council of £446, together with an £80 victim surcharge.
During the investigations, officers from Trading Standards and Environmental Health at Caerphilly council worked closely alongside Cardiff council to exchange relevant intelligence and as he had re-offended while under the suspended sentence for the previous offences, Zaccaria was bailed to Cardiff Magistrates Court for sentencing in relation to all the offences.
On 4th February 2016 at Cardiff Magistrates Court, he was sentenced to 16 weeks imprisonment for the offences. In sentencing, the bench were dissatisfied that Zaccaria had paid no attention to the 18 week suspended sentence imposed in February 2015, and also ordered that upon his release he be subject to a 12 months supervision order.
A second man, 58 year old John Morgan of Hollycroft Close, Ely, Cardiff – a colleague of Zaccaria’s – was also taken to court by Cardiff City Council for three Street Trading without Consent offences in June and September 2015. He was found guilty of the three offences when the case was heard on 14thJanuary 2016 at Cardiff Magistrates Court and was ordered to pay a fine of £440 for each offence (£1,320 in total) together with costs of £150 and a £44 victim surcharge.
Morgan was also taken to court by Caerphilly County Borough Council for one offence of Street Trading without Consent in relation to the same incident as Zaccaria at the Big Cheese in July 2015. He was found guilty in his absence at Newport Magistrates Court on 29th January 2016 and was fined £750, together with £260 costs and a £75 victim surcharge.
Cllr Nigel George, Caerphilly’s Cabinet Member with responsibility for Public Protection said, “These successful prosecutions, and the severity of the sentence the court imposed as a result is testament to the work of both teams – ours and our colleagues at Cardiff City Council. Legitimate traders go to great lengths to make sure they are in compliance with the law, and we will not allow those who do not see the importance of doing so get away with it”.
Cllr Jacqueline Parry, Chairperson of the Public Protection Committee, said: “This is an excellent example of local authorities working together to share intelligence with a view to successfully prosecute those who breach the law. I hope this immediate custodial sentence sends a clear message to all street traders, that they have to have the required licenses to trade or we will take them to court.”
To report an issue of this nature to Caerphilly County Borough Council, please contact the Trading Standards team on 01495 235 291 or by visiting www.caerphilly.gov.uk/tradingstandards.
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