The owners of a burger van which operated near Bellshill Academy have gone to court claiming their human rights, and those of their customers, have been infringed by North Lanarkshire Council’s exclusion zone.
The council’s policy prohibits fast food vans from trading within a 250 metre radius of schools as part of efforts to combat childhood obesity.
Karen McCluskey and Stephen Kerr along with three other van owners have raised a case at Hamilton Sheriff Court to reverse the ban.
At a civil hearing today (Tuesday), Scott Blair QC, representing the van owners, said other factors had to be taken into account when ascertaining whether the ban was legally binding.
He said: “Everybody has the right to choose what kind of food they want to put into their body, no matter how healthy or undesirable that food may be.
“There may be nutritional guidelines on school meals but pupils have the right to choose to bring food in from outside of the school.”