A popular restaurant risks losing its drinks licence after a neighbour brought a formal review after complaining that its extractor fan was causing a “statutory nuisance”.
Rita Congiu asked Brighton and Hove City Council to review the licence for Cin Cin Italian Bar and Kitchen, in Western Road, Hove, last month.
The request was made on the grounds of the protection of children from harm and the prevention of public nuisance.
The council has since received letters in support of the business from three neighbours and a nearby business.
A council licensing panel, made up of three councillors, is due to consider next week what steps, if any, it should take to ensure the premises complies with the rules.
A report to the panel said that a noise abatement notice had been served on the business in January by the council’s environmental protection team after visits to neighbouring properties in response to complaints.
The report described a visit to one property, saying: “When we stepped inside the complainant’s residence the noise was tonal, constant, and filled the room.
“We determined that the noise from the extraction system was invasive and detrimental to health and the enjoyment of their residence.”
Ms Congiu said that a commercial extractor fan serving the restaurant had resulted in “persistent and intrusive noise” since it was installed in April 2025.
She said that the noise was a “low-pitched, sharp mechanical humming” and louder than normal traffic levels, going on for between 12 to 14 hours a day, five days a week, including Saturdays and occasionally Sundays.
Ms Congiu said: “The noise is so intrusive that I cannot use the bedroom during the day.
“I have to wait until the fan is off to go to sleep – and I cannot sleep as long as I want on Saturdays as the vent wakes me up in the morning.
“This now has a significant impact on my mental health and I am starting to suffer from headaches more often than before. It often gives me anxiety and affects my mood on a daily basis.”
She asked the council to consider suspending the licence for an unspecified duration, modifying the licence or adding new conditions. The council could go as far as to revoke the licence altogether.
Another neighbour, Hidden Hearing, the business next to Cin Cin, said that it had noticed a droning or vibration noise affecting its premises.
The business said that a quiet and stable acoustic environment was essential in its soundproofed testing rooms.
The business added: “During hearing assessments, patients have queried the unexpected background noise and expressed concern as to whether it is something they should be perceiving which can understandably undermine confidence in the testing process.
“Additionally, staff working in these conditions for extended periods have reported discomfort including headaches.”
A neighbour, believed to be Vicky Whitehead, who lives behind the restaurant and whose details were redacted by the council, supported the review and raised concerns about the effect on children as well as the wider neighbourhood.
Noise is coming into her flat even with the windows closed and soundproof curtains.
She said: “I’m highly concerned about how we will manage the temperature in our house in summer, particularly with a young child who is at risk of overheating as a baby.
“The street and garden are also unbearable to be in when the noise is very loud, as it is most evenings and increasingly in the daytime.”
Three neighbours who supported the application for a review said that there were no issues with the previous extractor fan.
The council’s environmental protection team received the first complaint about noise from the fan on Wednesday 7 May 2025, less than a month after it was installed.
People kept noise diaries and officials visited before the case was closed last September because of a lack of suitable evidence.
But when a seventh complaint was made in December and officials visited the complainant, they could hear a low droning or humming noise.
The technical officer for environmental protection, whose details were redacted by the council, said: “When we stepped inside the complainant’s residence, the noise was tonal, constant and filled the room.
“We determined that the noise from the extraction system was invasive and detrimental to health and the enjoyment of their residence.”
A second visit followed in January, after writing to the owner of the restaurant, David Toscano, 48, and then, on Monday 19 January, the council issued a noise abatement notice. Cin Cin has lodged an appeal.
Cin Cin’s licence allows for drink sales from 10am to midnight from Monday to Saturday and from noon to 11.30pm on Sundays.
The company was approached for comment.
The review is due to start at 10am next Wednesday (27 May) and is scheduled to be webcast.
