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Takeaway not allowed to extend its opening hours over noise concerns

A takeaway has been denied permission to open until 2am, seven days a week, over concerns with noise and setting a precedent for further applications from nearby businesses.

Fresh N Fast, on Station Street, Mansfield Woodhouse applied to extend its existing license and heard its case before a Licensing Panel on Tuesday (November 16).

The applicant asked to extend the opening hours beyond the current 11pm closing time and to continue trading for takeaway food until 2am.

However, Mansfield District Council’s environmental health team raised objections to the application.

The department feared allowing the business to operate into the early morning would cause issues with noise from delivery drivers, and attract potential alcohol-influenced customers from the town centre.

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There were also concerns allowing the takeaway to open until 2am would set a precedent and encourage other businesses to apply for similar operating hours.

The meeting was told no other similar business in Mansfield Woodhouse is allowed to trade beyond 12.30am.

In its application, the business also did not outline how it would promote the council’s four licensing objectives.

These are to prevent crime and disorder, ensure public safety, prevent public nuisance, and protect children from harm.

Following a 50-minute meeting, the licensing panel opted to not grant the application as applied for but allowed the extension of its licence until 12.30am on Fridays and Saturdays.

It would also be allowed to operate until midnight between Sundays and Thursdays, bringing it in line with similar businesses in Mansfield Woodhouse.

This would only be granted if the business follows conditions related to signage, CCTV and ensuring its doors are closed.

Speaking in Tuesday’s meeting, a spokesperson for the council’s environmental health team said: “We have concerns regarding this late-night application, with regards to the noise from vehicles.

“Mansfield Woodhouse has not got a night-time economy, it’s a village and all other takeaways near that area don’t open past 12.30am.

“Potentially this could make an owner of another takeaway tempted to put an application in, with this opening it up to be the norm in Mansfield Woodhouse.”

They added: “If we allow this to be open until 2am, there is every chance people from Mansfield Woodhouse who have been out in the town centre could stop in for food after a night out.

“It creates a risk of loud noise coming from the premises, which is 33 metres from nearby residential properties.”

Zahir Ahmad, the applicant and business owner, spoke in the meeting about his concerns with the council’s objections.

He questioned why other premises in Mansfield town centre are allowed to open until 4am or 5am, and believed there was no evidence to suggest his business would cause disruption.

But council officers said the application must be viewed “on its own merits” and without considering other applications in the town.

Mr Ahmad, who has owned the business for six years and recently moved from nearby Swan Lane, will be allowed to appeal the council’s decision.

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