A RESTAURATEUR is battling to start selling takeaway meals.

The Mediterranean Kitchen, in Sherburn Village, is prohibited from serving takeaways and limited to telephone orders and home deliveries.

But owner Rahim Foroughi wants the condition lifted. He says if it remains, the business will have to close.

Dr Foroughi says the neighbourhood sees the Kitchen as part of the community and is 100 per cent behind him.

However, Carol Woods, the deputy leader of Durham City Council and councillor for Shadforth and Sherburn, said she gets more complaints about the Kitchen than any other premises and she intends to fight the plans.

She said: "It's in an inappropriate position. It was a mealson- wheels kitchen and was sold by the then Labour-controlled council. I think it should never have been sold. It's causing a major disturbance."

Councilor Stuart Walton and Sherburn Village parish council have also raised concerns.

However, in a letter to the council Dr Foroughi wrote: "I model on professionalism and make sure that the business is managed in such a fashion, and I am quite confident that if you look back at your records that you will see that since I have purchased the premises the number of complaints have diminished and I will continue to work hard to make sure that the residents' concerns always come first and that they are satisfied with the operation of the business."

Dr Foroughi wants takeaways between 5pm and midnight, seven days a week.

His application will be debated by the council's licensing panel on Wednesday.

In a letter which will be sent to councillors, John Dodds, an environmental health officer at the council, says complaints have been received dating as far back as June 2002 of disturbance caused by people calling at the Mediterranean Kitchen late at night in the hope of being able to buy food and drink.

Mr Dodds wrote: "If this application is approved, the likelihood is that people and vehicles arriving and leaving the premises would cause disturbance to local people especially the elderly residents of the miners' homes which back on to the establishment."

Dr Foroughi took over the Mediterranean Kitchen in September 2004.