back to article Burger van busted offering free takeaway porn

Police are pondering just what charges two East Yorkshire men will face after they were nabbed giving away free porn DVDs from a burger van in Driffield. The van, or more accurately a caravan as the snap here shows, was parked in a garden in an area of the Capital of the Wolds "popular with young revellers attending late-night …

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Anonymous Coward

this

This sounds like the best kebab van in the world, food, beer and, free porn?!

It's also an example of why people hate the police.

Porn hasn't killed anyone, unless you believe the police & friends in which case rape and murder are a direct result of porn. And the two things wouldn't exist if it weren't for porn. (I may be exagerating)

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Joke

Can I just say...........

Carlsberg don't do kebab vans, but if they did...........

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(Written by Reg staff)

Re: Can I just say...........

*headdesk*

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Anonymous Coward

"We won't tolerate this because youngsters could have been given the DVDs."

oh puuuurrrleease

I'd be more worried that my son or daughter was eating food from a frickin burger van to be quite frank.

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Oh, for fuck's sake.

"Won't someone think of the children!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!" is turning this country into a nursery school.

Who the hell is it harming that a these people are giving out porn DVDs to people who buy burgers after they've been clubbing? OK, so they should probably be shut down for selling alcohol without a license or something, but prosecuted? Give me a break.

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Anonymous Coward

The rules, they be broken

Porn requires a licence now?

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Paris Hilton

Yup

Proper porn does.

As in Hardcore - R18. That's why you have to go to a sexshop and can't legitimately order hardcore DVDs online in the UK.

Obviously if you use an overseas supplier, you'll probably get hardcore.

The establishment requires a Sex License to sell R18 (I may be wrong on the name there, sounds to american)

Anon cos I seem to know far too much about this.

Paris.... obvious really

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Happy

It most certainly does

Selling porn (assuming we are talking about R18 rated here) most definitely DOES require a licence. It may only be sold from a licences premises and that licence must be renewed annually from the local council authority.

The fact that they were giving the porn away is probably not a defence either, because it was given away with the burgers which WERE being paid for. So, it could be considered as part of the sale even though it was "free". A bit like going into Currys and buying a TV with a free DVD player. Even though the DVD player is "free", it is still covered by the sale of goods act and forms part of the overall purchase transaction.

The fines that can be imposed for selling R18 stuff without the appropriate licence can be very considerable.

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Pr0n license

I reckon you need some sort of license to sell porn - as much as you need to sell any publications. Maybe it's a special form or variation of the aforementioned, maybe it isn't (IANAL), but I reckon you do need one. c.f. Sex shops.

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Erm...

Except that they weren't selling it - they were giving it away.

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Anonymous Coward

Licensing Laws in brief

In terms of licensing information, the burger van needed all three parts of a premises licence. That is, firstly, the late night refreshment licence for the selling of hot food between 2300 and 0500 (the burgers. Secondly, the alcohol licence for selling of the beer (plus an alcohol personal licence for the van owner) and as someone said earlier, a sex-shop licence for selling adult material, namely the porn DVDs. The licensing system was inducted back in 2003, under the Licensing Act 2003. This is something that the licensing department of both the local council and the local police force does.

I am pretty sure that the licensing officer thought this was her lucky day as this covers all of her job.

AC, as I know too much about this. :lol:

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Silver badge

Re: Erm....

As said by an earlier poster;

The fact it was free is irellevant. It is considered part of the sale.

You had to buy something to receive it, therefore it's not truly 'free'. It's covered by the licensing laws and so they can be done for that.

The funny thing is, as far as the booze/food goes;

Any Tom, Dick or Harry can apply for a temporary event notice (TEN) from the council. It cost's nigh on f*ck all, and they would have been able to sell their food and beer. IIRC from my licensing exam, you don't even necessarily need the personal license under a TEN.

Still points for the idea!

As an afterthought: It doesn't actually say of what nature the porn was. If it was softcore, then you can sell without a license (although obviously not to kids!) so there's b*gger all the old bill could do about that aspect.

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Pint

TEN rules

Here is a little helper,

A Temporary Events Notice can be for sell of alcohol, entertainment, and/or late night refreshment for up to 96 hours, with a break of 24 hours per TEN.

Non holder of personal licence: five TENs per calender year

Holder of a personal licence: 50 TENs per calender year

but

a maximum of ten TENs per venue in a calender year

The cost is £21 per TEN, made payable to the local council.

AC: I know too much

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Coat

Didn't you hear me right..

When I ordered a QUORN burger?

Mine's the one with the tissues in the pocket.

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Pint

Would you like a shake with that?

Beer & Burgers & Pron must mean a SOHO eatery idea for some enterprising filth monger . .

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Joke

Dirty coppers

She concluded: "The operation went well and we are now looking at the evidence..."

I bet you are darlin'!!!

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Go

looking at the evidence ?

As my civic duty, I feel I must offer to lend a hand...

Don't require payment - not that tight-fisted.

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Bronze badge
Stop

Au contraire...

... I bet you ARE tight-fisted when it comes to porn! ;)

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its driff

just a normal night out in driffield...

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Silver badge

What offences?

"The operation went well and we are now looking at the evidence to see what offences have been committed."

I thought they knew what offences were being committed. Isn't that why they arrested the two guys?

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Coat

Well....

I ordered a large sausage firmly placed into a bun and all I got was this lousy DVD.

Anonymous because I would rather eat sausage than watch porn.

Oh the innuendo

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Flame

They call her Hot Sauce, she's hot and spicy, oh boy that says it all!

With respect to Mr. THomas Dolby -- the woman serving's name is now known ;-)

"They call her Hot Sauce

she's hot and spicy

but twice as nicey

although she burn me up

they call her Hot Sauce

she's hotter than pepper

I would have kept her

although she burn me up."

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Pint

Beer

So they cared more about youngsters getting pr0n than beer?

Won't somebody think of the children!

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Moz
Coat

Porn?

No porn here officer. Just a DVD with a few hamburger shots...

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Silver badge
Coat

Sir

I, for one, will sleep more soundly in my bed tonight.

(after a good wank that is)

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Thumb Up

Carlsberg don't do Burger Vans

But if they did.....................................

Also I do love the:

Police licensing officer PC Carolyn Grundy gasped: "It is unbelievable customers were being offered porn DVDs with their beer and burgers at an outlet that did not even have the necessary licences."

So had they had the licence all would have been ok?

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Coat

Yeuch!

"were enjoying some pornographic entertainment on a TV inside their premises when cops busted them"

extra mayo with that officer??

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Undercover

"Undercover officers made test purchases and found this to be true"

They didn't twig when they saw the huge yellow sign on the side of the van saying "free porn" then?

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Black Helicopters

Just the police

Where were the wankers from FACT during this "crime of the century" in Driffield.

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Big Brother

Arrest first ...

ask questions later ?

Is it just me that is worried about a police force that feels it can go around arresting people *before* knowing if they have broken the law ????

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Happy

Class

I ordered the badly packed kebab, plus I got to see some on dvd.

Two for the price of one!

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Coat

Pity it wasn't a kebab van

... then there'd be a joke in there about badly packed kebabs...

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(Written by Reg staff)

Re: Pity it wasn't a kebab van

Funny you should say that. In a manner of speaking. The manner being that it's not actually that funny.

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Let me guess

You were dreading modding the comments on this story, weren't you?!

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Paris Hilton

re:Re: Pity it wasn't a kebab van

are you this much of a killjoy on reallife or just on the internet?

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(Written by Reg staff)

Re: re:Re: Pity it wasn't a kebab van

Watch it, sunshine.

I'm actually great fun and larks and japes etc in real life. It's just you lot that have sapped my sense of humour during work hours...

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(Written by Reg staff)

Re: Re: re:Re: Pity it wasn't a kebab van

I mean, there has to be joy for a killjoy to have anything to work with.

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Heart

i love my town :D

i come from Driffield, where this van was situated, never actually saw it but heard lots about it XD

heard it had been towed away a few days ago, didnt know it was going up on such serious charges though :O i hope the police see sense and drop them, im sure theyd rather have these kids running a successful business than getting shit-faced like the rest of our townsfolk, and i do not just mean teenagers either :P

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Pint

Carlsberg don't do Burger vans

but if we did........

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Happy

If.....

....Carlsberg made burger vans.......they'd probably be the best burger vans in the world !

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big deal

Our local ice cream van used to sell ecstasy and trainers.

Sheffield was a bit more upmarket than Driffield, I suppose.

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Anonymous Coward

K-O-D

Must be Kids On Drugs to act this dumb?

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the switcheroo

i'm gonna open up a porn van giving away free beer and burgers with every porn DVD over £5.

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WTF?

Not a likely complaint

"We received complaints that free porn DVDs were being offered to everyone who spent £5 or more on beer and burgers."

And did the complaint end with "...but a burger 'n' large chips only comes to £4.50"?

Seriously, what sort of young, drunk clubber EVER complains about free porn at 3am?

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Big Brother

Getting its cut

"It is unbelievable customers were being offered porn DVDs with their beer and burgers at an outlet that did not even have the necessary licences."

Presumably if the governement had been getting its cut, all would have been well.

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Silver badge
Pint

If Carlsberg did Burger van's

Was Carlsberg the beer of choice ?

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Joke

If it was in a car park.....

It must have been a hot dogging van

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What law is violated?

I'm trying to understand what the offence committed is..other than the operating a burger van without a license. That'd be down to environmental health to prosecute over.

But, if someone's giving away porn, and if it happened to be videos of the guy's wife, then there's no copyright issues - which is usually what the coppers get them on. It's also not being sold..so does that constitute "trading without a license"? Street traders need a license.

If someone offers you something for free, it's up to you whether you accept it or not.

Can't see any crime being committed there.

And, as for giving it to children, they'd have to prove that it was given to them..you can't prosecute someone for a crime in case they might commit the crime, you can only prosecute them when that crime has been committed.

I suspect, they'll find some weird law to do them under, and it might be: making and distributing home videos without a British Board of Film Classification certificate being applied.

It's well known the coppers and the judiicary are the worst culprits of visiting dominatrixes....(probably 'cos the judges are the only ones that can afford £150 per hour session!)

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Anonymous Coward

Answers

The offense is 'trading without a license'.

Licenses cover a veriety of things, but in the case of booze and porn it's 'Sale by retail'.

Now you don't actually have to charge for it to need the license. The Porn was a 'free gift' received on the condition you spent £5. As far as the law is concerned, the porn was not free. It's counted as part of the transaction (on the fairly fair assumption that you are recovering the cost through profit from the other goods).

So they need a Sex license for the porn (if it's R18), and two alcohol licenses (premises and personal) or a Temporary Event Notice for the booze.

The food and drink also requires a late night entertainment license.

As far as whether it was given to children, this gets a little more complicated;

The License exists as a means of trying to ensure the underage don't obtain the item.

By failing to have a license, there's a presumption that you are not too scrupulous

You get shafted

It's true that it'd be hard to prove they gave it to children, but they probably wont even bother to try (either that, or one of their 'test' purchasers was a minor)

When it comes to Licensing, the Police/Local Authority will take every step they can to try and catch you out. If they manage you get a fine of £80 minimum, and could do 6 months hard time (for alcohol, not sure of the punishments for sex)

Anon, cos I wouldn't want to lose MY license!

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Joke

Mmmmm

Carlsberg dont do burger vans....but if they did they would probably be the best burger vans in the world!

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