'I will take them to court': Ice cream business Dan's Delights hits out over lease dispute

Whippy wars as ice-cream business forced to relocate

The owner of an ice-cream business said he is prepared to go to court after being frozen out by the council who awarded the lease of his current unit to someone else, forcing him to relocate.

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Dan Harding, of Dan’s Delights, has complained to Portsmouth City Council after he was outbid for his unit in College Park, Copnor, which has been his business’s home for the past six years.

The 37-year-old told The News how rent prices for the unit have risen from £300 to £650 in the past three years, with soaring prices of stock and staff wages meaning he was unable to meet the expected rates to retain the site.

Dan is now having to scout out new locations to operate from, prompting him to launch a GoFundMe to raise £10,000 which will fund the refit of a new building which will serve as a hub for the business.

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He said: “I asked for a ten-year lease and they said they would discuss it. I wanted to make my staff jobs more secure and offer them stability and some for the company as well because we invested quite a lot of money there because it wasn’t very good when we first got there. We have really made it a community hub and I pushed for a decision but was told that it was going up for tender and I thought that was unfair.

“It was all about money. I don’t know how much the person who won bid. I bid £500 because it wasn’t worth it - we have had to go out and around to make sure we had staff wages, the money just isn’t there. We’ve had a horrendous year this year. We only make money from April to October and then the customers we get come because of our page.

“We lost the tender because someone bid more but they said it isn’t about the money, but it is. The council is in a position of power and they aren’t transparent or fair. It’s supposed to be a point scoring system but it’s when it suits and there is no fixed policy with the council and it’s how they see fit. I’ve put in a complaint and some questions but I’m willing to do a judicial review. I will take them to court if need be.”

A hairdressers in Copnor has piqued the interest of the owner, who said, if his plans are successful, it will require a complete makeover, with the money going towards a refurbishment, the installation of existing equipment, setup costs and staff wages.

He continued: “We have got to move into a new site and we’ve seen one that is currently a hairdressers but it will be an ice cream parlour so the money will be for a refit so it’s going to go towards that.”

A Council spokesperson said: "The Council followed its standard and publicised procurement process in this matter.

"Legally, and to ensure that all businesses have the same opportunities, we have to advertise these sites and evaluate all bids on a fair basis, where consideration is given to a range of areas including price. The income received from these sites goes directly towards funding services for residents, so it's important we get the best value for money.

"On this occasion, price was the determining factor for the College Park tender as the bids were equal in all other respects."

The new operator will take over the site from November 1.

The fundraiser, which has secured £125, said: “We are incredibly disappointed by the way this situation has been handled and by the lack of support and empathy we have received. After six years of building our business, serving the community and providing employment, we have suddenly been left without a premises.But we don’t want this to be the end of our story. We need your help to raise £10,000.

“Starting again is daunting, but we are determined to do it. If you can donate, every single pound will make a difference. Whether it’s £5, £10, £20 or more, your contribution will help us get one step closer to opening our doors again.”

Portsmouth City Council has been approached for a comment.

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