A food truck on the coast connected to the mains electricity supply? That’s unauthorised occupation

The offence of unauthorised occupation of public property for the owner of the mobile kiosk positioned with a sea view, with its wheels raised on wooden platforms andconnected to the mains electricity supply. This latter condition, whilst on the one hand ensuring that food can be kept cool, makes it more difficult, combined with the wheels being raised off the ground, to move the vehicle immediately. The Court of Cassation thus rejects the defence’s argument that the owner of the mobile sandwich bar was guilty of a mere administrative offence without committing the offence of unlawful occupation. An interpretation that the Supreme Court rejects, because, given the way it was set up, the food truck had essentially lost the characteristics of a vehicle, as it could not be immediately removed. The judges of the Court of Cassation clarify, in fact, that for the administrative offence provided for in Article 1161 of the Navigation Code to apply, rather than the specific offence charged, it is necessary for the occupation to take place using vehiclesthat are immediately capable of travelling on the road.

The legislator has, in fact, decided to exclude criminal liability – without prejudice to the penalty – for those who, using their mobile van, cater to the needs of beachgoers by providing soft drinks, ice creams, sandwiches and other refreshments in the heat, without, however, permanently altering the space they occupy. Nor is the fact, also invoked by the appellant, of the absence of fixed ground anchors sufficient to exclude the alteration of the premises. To avoid committing an offence, one must be prepared to pack up immediately. This may even be at the initiative of the investigating officer, who may decide on the spot to have the vehicle removed or order the operator to leave. The only point in the appellant’s favour is the possibility for the judge to assess the application of the rule on the particular insignificance of the offence, which leaves the offender unpunished, even if the offence remains.