The owner of a takeaway in Clayton, Bradford, is appealing against a decision that prevents it from being open until 11.45pm rather its current 11pm.
Mr S Mahmood had applied to lift a condition on The Spice Ranch in Park Lane in a bid to open until 11.45pm.
The 11pm time was imposed in 2008, when Mr Mahmood was granted permission to turn the former Co-op building into a takeaway on appeal.
Bradford Council has refused his request to alter the closing time.
His appeal states: “There is a lack of evidence that the proposals would give rise to noise, vehicular activity and disturbance.”