Madina Roti House and Pizza Bar in Toller Lane wants to open until 3am daily

The Madina Roti House and Pizza Bar, in Toller Lane, Bradford, has applied for a late license to serve hot food and Bradford Council’s licensing panel will meet to consider the matter on Tuesday.

But an environmental health officer for the Council, Charlotte Caygill, has written to the licensing panel saying if its late-night customers were to disturb people living in nearby homes, her team would be powerless to act.

Her letter says: “The premises are located exceptionally close to existing residential accommodation and we have no enforcement powers to deal with the types of noise such as vehicular activity, customers slamming doors and shouting outside of residential properties.”

Ms Cowgill also points out that the business had applied separately for planning permission to open until 3am, which had been refused because it would “be likely to result in significant harm to the amenities of nearby residential properties at unsociable hours”.

Business owner Mohammed Shahzad disputed the claim that they would disturb their neighbours.

He told the Telegraph & Argus: “The neighbours are totally behind us. They’re on Upper Woodlands Road and not even one person has complained to us. They are very nice families.”

He said he had given the nearby residents his contact details and told them if they ever had any issues to get in touch, but they had been very supportive.

Mr Shahzad said they had also not been visited by any environmental health officers raising concerns about noise nuisance.

He raised the issue of fairness between competing food outlets, saying other takeaways in the area opened until 3am.

Mr Shahzad said many workers, such as taxi drivers, had shifts around the clock and the Madina Roti House and Pizza Bar wanted to cater for them late at night.

He said: “A lot of people have said we should be open late because our food is quite good and it’s quite cheap for the price. Our prices are very, very cheap and everyone wants to save a penny.”

No local residents have objected to the application.

Bradford Council’s licensing panel will meet at City Hall on Tuesday, August 1, at 2pm.

Takeaways need both a licence and planning permission to serve hot food late at night.

Planning documents reveal that the Madina’s original planning application to extend its hours had been prompted by enforcement action, after the business was found to be “operating in breach of the originally imposed conditions”.

Although this application was refused, the business has since lodged an amended planning application, asking for permission to open from 7am to 1am from Sunday to Thursday, and 7am to 2am on Fridays and Saturdays.

Planning agent Jeff Redmile says in the application: “The owner has been opening earlier than the approved 8am allowed opening and has found that there has been a call for food both earlier in the morning and between 11pm and 2am, and the extension of the opening hours will make the viability of the unit more affordable and allow more staff to be employed.”

A decision is pending.