News / No more late nights for Turkish Delight
A KEBAB shop in Lerwick has been skewered after the local council refused the late licence it depends on to survive financially.
On Friday morning Shetland Islands Council’s licensing committee turned down an application from Turkish Delight owner Saban Kusmus to carry on serving hot food after 11pm.
The decision followed Kusmus’ conviction on Thursday for breaching hygiene regulations at Lerwick Sheriff Court.
The Harbour Street premises have also been the focus of complaints to the police about drunken behaviour, violence, vandalism and alleged drug dealing.
Councillor Allison Duncan said the decision to refuse the late licence was made after reading reports from the police and environmental health officers, as well as objections from neighbours.
“There were some very serious statements in the police report, with 11 different allegations speaking about brandishing sticks, cleavers and other offensive weapons,” Duncan said.
“To me when that happens, that person is not a fit and proper person to hold a licence.”
SIC environmental health officers said that Kusmus had repeatedly failed to comply with statutory notices served on him over a number of years and that they were on the verge of closing the business on two occasions because of the lack of hot running water and an inadequate electricity supply.
Eventually he was reported to the procurator fiscal last year culminating in him pleading guilty to nine charges and being fined £1,200 on Thursday.
“Officers do not take the decision to prosecute any business lightly, preferring to seek compliance by working with the business,” the report said.
“Mr Kusmus has not taken food hygiene seriously and the manner in which he has operated his business has presented a serious risk to public health.”
Offences included having no wash basin for nine months after the only one was removed to make way for a second fridge, and allowing the waste pipe from the upstairs toilet to pass through the food preparation area.
The report said: “The lack of cleanliness, lack of a management system and the removal of the wash hand basin in particular substantially increased the risk of cross contamination between raw and cooked foods and could have given rise to food poisoning, including E.coli.
“The fact that Mr Kusmus failed to take steps to improve the hygiene of the premises until he was prosecuted and found guilty of these offences may be considered a reasonable basis for concluding that he is not a fit and proper person to hold a late hours catering licence.”
In court, defence agent Tommy Allan said that 50 year old Kusmus, who lives at 41 Hoofields, Lerwick, had not been in charge of the day to day running of the business during the period between August 2011 and January 2012 when the breaches took place.
Allan said his client had been in hospital with heart problems and spent lengthy times in Turkey visiting his sick mother.
He said Kusmus was proud of his business and determined to keep it going to help support his seven children, but voiced fears about the impact of losing his late licence as weekend nights were when he made his money.
The committee saw a police report detailing 11 call outs to Turkish Delight over five years starting in February 2007, when Kusmus was reported for brandishing a meat cleaver and a stick to defend himself after an altercation with four drunk young men.
Two of the incidents involved former employees causing a scene over wages they claimed had not been paid.
Inspector Eddie Graham informed the committee by letter that there were no significant criminal convictions relevant to the renewal of his licence.
However neighbours complained that the “late hours catering activity” encouraged drunk people into an area which was becoming increasingly residential.
“This gives rise to noise, fighting, litter and fouling of the area with faeces and vomit,” the report said.
Kusmus failed to pay for waste disposal and used communal bins supplied for local residents, it added.
The report went on: “There are also allegations in the objections of drug dealing and unlawful occupation of the upper floor of the business.
“One objector has stated that he has been physically threatened for reporting his concerns about Turkish Delight in the past.
“Neither the Northern Constabulary or the Fire Brigade responded to the consultation so these allegations are not substantiated.”
Speaking after the meeting Kusmus said he would appeal against the committee’s decision.
He said he did not understand why his neighbours made such serious complaints about him and insisted he operated a clean business.
“Everything is OK, they just tell me is not perfect. I am very clean man, all my customers very happy,” he said, adding that he had been the only fast food outlet operating between 11pm and 3am at weekends.
“I don’t understand where to go for Shetland people after eleven o’clock. Every shop closes, just only me open.”
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