Takeaway owner to pay £3,300 for flouting trading hours

THE owner of a takeaway restaurant in Benfleet must pay just over £3,300 in fines and legal fees after being found guilty of trading outside of approved opening hours.

Mehmet Pektas, who owns the Hot Hut fast food outlet in High Road, Benfleet, admitted trading illegally outside his opening hours at Southend Magistrates Court last week.

The restaurant had been trading into the early hours causing misery for residents who claim it lead to increased anti-social behaviour, littering and disturbances in the shopping street.

Mr Pektas was fined £650 with a victim surcharge of £15 after admitting to the offence under the Town and Country Planning Act.

He was also ordered to pay £2,666 in legal and investigatory fees to the council.

Pam Challis, leader of the council, said: “We will not take the soft option with people who flout the law in our borough and will take legal action where necessary.

“Offenders need to understand they risk not only a criminal record but a hefty fine as well.”

Planning permission for the restaurant was granted in 1994, subject to a condition it would only operate from 10am to 11.30pm, from Monday to Saturday, and 10am to 4pm on Sunday.

Applications to extend the opening hours have been rejected on seven occasions since then.

A beach of condition notice was issued to Mr Pektas on August 20 last year for operating outside of his hours.

Despite assuring the council he would comply with the notice, the authority received further allegations he was breaching his opening hours and took him to court.
 

Comments (11)

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2:17pm Thu 28 Feb 13

Carnabackable says...

Job well done, only a shame that he wasn't ordered to pay compensation towards the local residents, never mind for the noise and litter.
May I suggest locals, keep an eagle eye at this place, and report the moment a minute passes past his official closure times.
Job well done, only a shame that he wasn't ordered to pay compensation towards the local residents, never mind for the noise and litter. May I suggest locals, keep an eagle eye at this place, and report the moment a minute passes past his official closure times. Carnabackable

2:36pm Thu 28 Feb 13

ChampKind says...

Not much of a deterrent, as that is no more than a weekends takings for most fast food places.
Not much of a deterrent, as that is no more than a weekends takings for most fast food places. ChampKind

2:46pm Thu 28 Feb 13

DogsMessInLeigh says...

ChampKind wrote:
Not much of a deterrent, as that is no more than a weekends takings for most fast food places.
Wouldn't want to pay it on a regular basis though.
[quote][p][bold]ChampKind[/bold] wrote: Not much of a deterrent, as that is no more than a weekends takings for most fast food places.[/p][/quote]Wouldn't want to pay it on a regular basis though. DogsMessInLeigh

3:44pm Thu 28 Feb 13

Parsnip says...

I'm sure local residents 'lives made a misery' is a bit over the top
I'm sure local residents 'lives made a misery' is a bit over the top Parsnip

6:56pm Thu 28 Feb 13

John T Pharro says...

ChampKind wrote:
Not much of a deterrent, as that is no more than a weekends takings for most fast food places.
Is it? Hope it is registered for VAT because that pro-rata far exceeds the exemption turnover and if they haven't that is an awful lot of VAT revenue lost.
[quote][p][bold]ChampKind[/bold] wrote: Not much of a deterrent, as that is no more than a weekends takings for most fast food places.[/p][/quote]Is it? Hope it is registered for VAT because that pro-rata far exceeds the exemption turnover and if they haven't that is an awful lot of VAT revenue lost. John T Pharro

7:16pm Thu 28 Feb 13

Carnabackable says...

John T Pharro wrote:
ChampKind wrote:
Not much of a deterrent, as that is no more than a weekends takings for most fast food places.
Is it? Hope it is registered for VAT because that pro-rata far exceeds the exemption turnover and if they haven't that is an awful lot of VAT revenue lost.
Oh the Tax office have been informed, as well as the health and safety, along with the Food Standards agency, as I suspect, with all that extra food being cooked, the place may well be in need for an Inspection..
[quote][p][bold]John T Pharro[/bold] wrote: [quote][p][bold]ChampKind[/bold] wrote: Not much of a deterrent, as that is no more than a weekends takings for most fast food places.[/p][/quote]Is it? Hope it is registered for VAT because that pro-rata far exceeds the exemption turnover and if they haven't that is an awful lot of VAT revenue lost.[/p][/quote]Oh the Tax office have been informed, as well as the health and safety, along with the Food Standards agency, as I suspect, with all that extra food being cooked, the place may well be in need for an Inspection.. Carnabackable

7:49am Fri 1 Mar 13

Ian P says...

Parsnip wrote:
I'm sure local residents 'lives made a misery' is a bit over the top
Having lived near a late night takeaway in the past I can only conclude from your comments that you never have.
[quote][p][bold]Parsnip[/bold] wrote: I'm sure local residents 'lives made a misery' is a bit over the top[/p][/quote]Having lived near a late night takeaway in the past I can only conclude from your comments that you never have. Ian P

9:10am Fri 1 Mar 13

DogsMessInLeigh says...

Ian P wrote:
Parsnip wrote:
I'm sure local residents 'lives made a misery' is a bit over the top
Having lived near a late night takeaway in the past I can only conclude from your comments that you never have.
Yeah Old Parsnip must of had his head buried in the garden.

take-aways late night bring much noise, smell, and litter and hungry anti social people and with a few pubs very close by it must affect locals.
[quote][p][bold]Ian P[/bold] wrote: [quote][p][bold]Parsnip[/bold] wrote: I'm sure local residents 'lives made a misery' is a bit over the top[/p][/quote]Having lived near a late night takeaway in the past I can only conclude from your comments that you never have.[/p][/quote]Yeah Old Parsnip must of had his head buried in the garden. take-aways late night bring much noise, smell, and litter and hungry anti social people and with a few pubs very close by it must affect locals. DogsMessInLeigh

12:39pm Fri 1 Mar 13

Parsnip says...

Ian P wrote:
Parsnip wrote:
I'm sure local residents 'lives made a misery' is a bit over the top
Having lived near a late night takeaway in the past I can only conclude from your comments that you never have.
I have and it was open until 4am and it did not bother me at all
[quote][p][bold]Ian P[/bold] wrote: [quote][p][bold]Parsnip[/bold] wrote: I'm sure local residents 'lives made a misery' is a bit over the top[/p][/quote]Having lived near a late night takeaway in the past I can only conclude from your comments that you never have.[/p][/quote]I have and it was open until 4am and it did not bother me at all Parsnip

11:59pm Thu 14 Mar 13

Sizesokan says...

This takeaway have late night refreshment licence any way they get it from same Councel castle point , so why they give that lincence for???? And also there is down the road rapit eat take away have no licence mr pam challis where are you??? Why you don't take the action for them???? I would like to see if you dident We will see you in court !!!
This takeaway have late night refreshment licence any way they get it from same Councel castle point , so why they give that lincence for???? And also there is down the road rapit eat take away have no licence mr pam challis where are you??? Why you don't take the action for them???? I would like to see if you dident We will see you in court !!! Sizesokan

12:06am Fri 15 Mar 13

Sizesokan says...

Sizesokan wrote:
This takeaway have late night refreshment licence any way they get it from same Councel castle point , so why they give that lincence for???? And also there is down the road rapit eat take away have no licence mr pam challis where are you??? Why you don't take the action for them???? I would like to see if you dident We will see you in court !!!
This takeaway have have a late licence refreshment I'm a costumers I have speak to me pekras he said we get this licence from castle point Councel he added he said why they give licence for ?? And also just from this takeaway about 200 yard far there is rapit eat takeaway why mr pam he doesn't take action for them if he dident mr pam will see him self in court !!
[quote][p][bold]Sizesokan[/bold] wrote: This takeaway have late night refreshment licence any way they get it from same Councel castle point , so why they give that lincence for???? And also there is down the road rapit eat take away have no licence mr pam challis where are you??? Why you don't take the action for them???? I would like to see if you dident We will see you in court !!![/p][/quote]This takeaway have have a late licence refreshment I'm a costumers I have speak to me pekras he said we get this licence from castle point Councel he added he said why they give licence for ?? And also just from this takeaway about 200 yard far there is rapit eat takeaway why mr pam he doesn't take action for them if he dident mr pam will see him self in court !! Sizesokan

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