SCHOOLCHILDREN are able to feast on fast food products like burgers and chips at lunch time again after a landmark legal ruling.

Council officials decided to remove restrictions on street traders, including mobile takeaway vans, operating within 820ft of school gates, after a sheriff decreed that a Scottish council had acted illegally in imposing a similar rule.

A source close to the business community said: “Police were always reluctant to prosecute anyone breaking the rules anyway and Sheriff Vincent Smith said North Lanarkshire had acted outwith their powers.

“In Cumnock and Doon Valley a lot of street traders were very upset at losing their pitches when the rule was brought in here, as it only affected fast-food outlets, and there was a lady from Kilmarnock prosecuted.

“And this over a law that the council had no power to enforce, it has turned out — East Ayrshire had good intentions but it is felt that councillors were given poor advice and guidance.

"It is understood that a trader near Cumnock Academy was moved — but the pupils then went to the nearby hospital to buy chips.”

Now it is back to the way it was and vans are permitted to trade in the vicinity of schools once again.

David Mitchell, Chief Governance Officer at East Ayrshire Council said: “On, January 1 2013, an exclusion zone was created which prevented street traders from operating within 250m from the gates of any East Ayrshire school, during term time and between 8am and 5pm.

“This decision was taken by the council to support the Scottish Government’s Hungry for Success initiative.

"A number of local authorities in Scotland proceeded to introduce similar conditions.

"However when North Lanarkshire Council decided to add this condition a summary application (appeal) to the Sheriff of South Strathclyde, Dumfries and Galloway at Hamilton.

"The Sheriff took the decision that the exclusion condition was ultra vires, which means it is out with the powers of the local authority to add such a condition to street traders’ licences.

“Taking this case into account, on Thursday, April 21, East Ayrshire Licensing Panel agreed to vary the street traders’ licences and deleted the condition preventing trading within the specified exclusion zone around schools.”

The Civic Government (Scotland) Act 1982 does not have any public health remit.