Durham takeaway's court bid for 3am opening (From The Northern Echo)

Durham takeaway's court bid for 3am opening

4:14pm Monday 30th January 2012 in Durham City News By Mark Tallentire

TWO restaurateur brothers who want to serve takeaway food until 3am are taking their case to court.

Sadeck and Javid Amin, who opened Urban Oven, at 94 Claypath, in Durham City, last September, say they need to stay open late to break even.

Their first bid for late opening was thrown out by Durham County Council.

A second attempt saw councillors agree to an extension, but not until 3am.

In November, members of the council’s licensing committee gave the Amins the go-ahead to serve food from 11am to 2am from Thursday to Saturday and 11am to 11.30pm from Sunday to Wednesday.

Sadeck Amin said the peak time was 2am to 3am, meaning his business was at a competitive disadvantage.

Javid Amin said one extra late-night takeaway would make no difference to the area.

Ros Scott Bell, the family’s barrister, said there was a demand and students living nearby were keen to see Urban Oven’s hours extended.

Now, in a rare move, the brothers have taken their campaign to the courts.

Today, their appeal against the licensing committee’s decision was listed for a first hearing at Consett Magistrates’ Court.

The basis of their appeal was listed as being that the council should not have imposed a reduction of requested operating hours as there were no reasons provided for doing so.

They claim: there was no evidence from Durham Police that later opening would increase crime and disorder or from any statutory authorities that it would increase risk to public safety and there were no suggestions from environmental health officials relating to the prevention of nuisance. The case was dealt with administratively today and adjourned to Consett Magistrates’ Court on Tuesday, February 28, at 2pm.

No members of the Amin family, who also own the nearby Rajpooth Indian restaurant, attended court.

The Urban Oven premises was previously Strictly Extensions and Beyond hairdressers’ shop, then a Pagebet betting shop.

Residents of Claypath say their area suffers from drunken revellers leaving Walkergate shouting and leaving rubbish. They have also complained of hundreds of taxis queuing late into the night, increasing noise and pollution.