Shisha smoking effect on residential amenity acceptable

The owner of a restaurant and café in west London overturned an enforcement notice requiring him to cease allowing shisha smoking on the premises, the council alleging that it harmed the amenity of local residents due to noise and air pollution.

At his site visit an inspector noted that the area contained a high concentration of entertainment uses which had the potential to harm the amenity of residents. Residential properties lay within the same block as the appeal site and many had balconies which would be subject to noise and fumes associated with the smoking of shisha pipes.

Although various conditions had been suggested by the council and appellant as a means of controlling the use, the inspector found these to be unsatisfactory. He decided that a condition should require the submission of a site development scheme which would include the arrangements for the burning of charcoal and waste storage and the layout, number and type of outdoor tables and chairs. This would provide the council with the opportunity of ensuring that the scale of the shisha smoking was acceptable. A further condition limited the hours of opening.

Inspector Ahsan Ghafoor; Written representations

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