The owner of a Kemp Town chippy has been warned he faces prison if he continues opening past midnight.
Rafael Margosyan, owner of the Armani Fish and Chip bar in St James Street, was fined £850 this week after being caught selling fast food after hours three times since the start of the year.
Len Batten, prosecuting on behalf of the council, told Brighton Magistrates’ Court that in August last year Margosyan was served with a planning breach of condition notice which prevented him from selling food after midnight.
Mr Batten added that over the years the premises had submitted several planning applications to extend opening hours but all were refused by the council due to the effect on neighbours. Two appeals were also dismissed by planning inspectors in 1994 and 2003.
Residents have complained that successive businesses operating out of the same premises, which has also been a kebab shop, have flouted planning regulations for 20 years now.
The latest prosecution was greeted with weary scepticism by the Kingscliffe Society. A report in its newslettter said: “Various owners have flouted both planning and licensing permissions over a period of some 20 years. Past prosecutions have had no lasting effect, alas.”
Brighton & Hove City Councillor Lynda Hyde, chairman of planning said: “This case shows how council departments and police are successfully working together to ensure that our residents continue to live in a pleasant environment without having their lives disturbed.
“I am aware that numerous different operators of these premises have being causing problems over the past 20 years. Hopefully this prosecution will give residents confidence that the council will not tolerate such deliberate flouting of our planning and licensing laws.”
Margosyan pleaded guilty to three charges of breaching a planning condition notice and was fined £150 on each charge. He was also ordered to pay £400 costs and £15 victim surcharge.
The hearing was a result of a joint operation between Brighton and Hove City Council’s planning enforcement and licensing departments and Sussex Police.
