AN informal trader who has set up his fast food stall at the Beacon Isle parking lot is refusing to vacate his prime beach spot, resulting in the Bitou municipality seeking a High Court order to evict him.

Sean Walmsley is accused of being a public nuisance for contravening a by-law prohibiting trading from a temporary site, after his licence expired at the end of last December.

Bitou’s legal representative, Hardy Mills, said yesterday the municipality had repeatedly offered to help Walmsley move to a new site, but he had refused. “The permit was for the season, 30 days, and Walmsley is not even the permit holder. It was issued to a Steph Burger.”

Walmsley said he and Burger had been partners, but Burger had left to start another business. He also said the permit was renewable on a monthly basis, not for December only.

Walmsley told Judge Essa Moosa he did not believe the municipality would help him if he first surrendered his site.

“I was told I must vacate this site first and then look for another site to trade.”

Mills said contractors appointed to add 24 bays to the car park had to “try to work around him” as Walmsley’s stall was in the middle of the proposed building site.

Walmsley later told The Herald he had been an informal trader in Plett for 10 years and had decided to stay at his spot because he had a constitutional right to make a living.

“I decided to stay there because I felt confident that the Smoothie Bar would survive during the quiet times, especially after we lost Lookout Beach during the floods. The Beacon Isle beach became more popular and that was my motivation to give it my best shot.”

He said he had lost 80% of his business since Bitou cut his electricity three months ago. He said he had the signatures of at least 80 supporters.

Advocate Annemarie de Vos SC, representing Bitou, opposed Walmsley’s application for a postponement, saying it was urgent to resolve the case.

Walmsley, however, said construction had, in fact, been halted by the provincial Environmental Department’s demand for an environmental impact assessment.

Moosa postponed the case to next Monday to allow Walmsley to appeal to the Legal Aid Board, which had previously declined to represent him.