Casebook: Appeal Cases - Food and drink uses - Takeaway blocked on public order grounds

The retention of a hot food takeaway in a small parade of shops in a Bristol conservation area has been rejected after an inspector heard evidence of significant public disorder apparently linked to the business.

The premises formed part of a primary shopping frontage defined in the council's local plan and fronted a small village green. They were a short distance from two pubs and two other takeaways. The council's concern was that the takeaway continued to attract people buying food and then moving onto the village green.

The council's objection to the retention of the use was supported by the police authority, which had imposed a dispersal order under the Antisocial Behaviour Act 2003 to prevent large groups of youths from congregating on the green. Despite the order, the area remained subject to excessive antisocial behaviour, with 379 incidents logged between March and early September.

The police said that they were continually required to move on groups of youths, many of whom travelled from around Bristol to the area and some of whom appeared to be looking for violence. The inspector agreed that the continued operation of the takeaway was likely to undermine the ability of the police to reduce crime and disturbance in the area.

In her opinion, the appellant's willingness to close the takeaway at 9pm each day would simply shift the disturbance to an earlier part of the evening. She agreed with the council that its enforcement action should be supported to protect residents' amenity and reduce crime in the area.

DCS No: 100039200; Inspector: Wendy McKay; Hearing.

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