He has served burgers to Albion fans ever since the club’s move to the American Express Community Stadium.
But van owner Gerard McGill has been ordered to close after complaints over noise and mess.
He says he will fight the decision and claims he has an army of hungry football fans in his corner.
He said: “If this goes through Albion will have the only stadium in Europe without a burger van outside. It’s part of the whole experience of going to a football match.”
Mr McGill has been running Peckish Snack Bar from a back garden facing Falmer Station, which he and his business partner own the lease to.
But the council have now issued him with an enforcement notice meaning he has one month to stop selling food and drink.
Cooking smells and noise
The council claims it has received complaints from residents whose weekends and evenings have been ruined by cooking smells, noise and litter as supporters congregate and queue behind 4-5 Station Approach.
Mr McGill is currently operating under a temporary licence which allows him to sell food and drink 28 days a year. He says he only opens on match days and that he closes by 9.30pm.
He has since submitted two planning applications for permanent permission but the council says both were returned to him as key information was missing.
He said: “The council say they are interested in helping small businesses but here I am trying to provide a service to the community and they’re telling me to burger off.”
Councillor Phelim MacCafferty, chairman of the planning committee, said: “Officers have given the operator of this van every opportunity to resolve this matter prior to serving this formal notice.
“The council is committed to encouraging small businesses such as this, however we also have to ensure that they are in appropriate locations and do not have a negative impact on residential properties.
“We hope that Mr McGill will now act swiftly to remove the van so that residents can once again enjoy the peace and privacy of their properties.”
Mr McGill is currently in the process of appealing the notice.
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