A burger van owner has been told he cannot sell fried food during school hours.

Mehmet Yilmaz has been running his First Class Diner van in Warneford Lane, Headington, Oxford, since April.

But in May the headteacher of nearby Cheney School, Jolie Kirby, complained to Oxford City Council that he was selling “unhealthy and inappropriate food”.

Her complaint was followed by 32 others from teachers, parents and nutritionists.

Last night, the city council’s licensing committee told Mr Yilmaz he could carry on running his van but he could not sell fried food before 4pm.

Committee chairman Mary Clarkson told him: “We have decided to attach a condition to your licence in line with your own suggestion that there will be no fried food before 4pm because of the concerns raised, with effect from September 1.

“You can continue your normal operation until then to give you a chance to use up your stock.”

Mr Yilmaz, 30, who lives in Swindon, said he would now sell baguettes, sandwiches and soft drinks during the day.

The Turkish-born vendor said he spent £40,000 setting up his operation in Oxford, including the £7,490 licence.

None of the people who complained about Mr Yilmaz turned up to the meeting.

He said: “It is the same as McDonald’s or Burger King, it is not up to them to decide. But you can’t cross the school – I am a parent myself.

“Business is getting better every day at the moment and if my working hours had been dropped down I wouldn’t make any money.”

Oxford City Council granted a licence for the van to trade between 7am and 3am from April 1.

In her letter of complaint to the council, Mrs Kirby said: “I write to state our deep concern that a fast food van is parked a few metres away from Cheney School serving unhealthy and inappropriate food.”

At the meeting last night, Mr Yilmaz also told the councillors he would be happy to move his pitch.

Councillor Clarkson told Mr Yilmaz: “We would invite you to enter into negotiations with officers about the possibility of a new site for your van.”

He said he would be happy to move to Bonn Square.