ENFORCEMENT action has been authorised against a shisha bar that's been operating in Abbeyview without permission since last summer.
The owners had applied for retrospective planning approval, for the premises at 22 Duncan Crescent, but that's now been refused by Fife Council.
They're now set to appeal to the Scottish Government.
Locals opposing the Buzz Shisha Lounge had handed in a petition with 250 names and their concerns about issues such as late-night noise and disturbance, road safety, anti-social behaviour and parking problems was backed by planning officers.
Dunfermline South councillor James Calder said: "I had a number of residents locally raise concerns about this shisha bar and I am glad the council have taken decisive action.
"Some of the local complaints included noise and traffic impact and apparently this also took place in anti-social hours.
“The lesson here is that everyone must follow the correct procedures when it comes to planning applications.
"If they do not, they run the risk of planning being refused and enforcement action being taken.”
Last April, Mr M Arslan, of Glenrothes, applied to change the use of an old garage, behind a row of shops and flats on Duncan Crescent, into a hookah smoking lounge.
Plans included indoor and outdoor seating areas, as well as a serving area and toilets, and a statement on his behalf said he wasn't aware he needed planning permission and, as the work had been carried out already, he put in a retrospective application.
It added that he had spent time and money converting rundown premises into an attractive business which, going by its Facebook page, seems to have been operating since at least July 2022.
Shisha bars are found normally in large cities throughout the UK and allow patrons to share and smoke shisha – flavoured or fruit tobacco made from molasses – from a communal hookah or from one placed at each table.
Permission was sought for opening hours from noon until 11pm, Monday to Sunday, with a maximum of 15 customers allowed at a time.
Mr Arslan's application said there were no "loud music systems" with the only noise coming from the TV, which would be at low volume.
While there are 16 parking spaces nearby, they are not owned by the applicant.
But, last week, the council refused permission and authorised enforcement action.
Yesterday (Wednesday), there was an update with Derek Simpson, the council's planning lead officer, telling the Press: "We've contacted the applicant and they've advised that they intend to appeal the planning decision.
"They have three months from the date of the decision to submit their appeal to the Scottish Government.
"If the unauthorised shisha bar use does not cease, formal enforcement will be taken."
Outlining the reasons for refusal, a council report said: "Whilst the external alterations to the building have improved its appearance and the general upkeep of the surrounding area, the change of use of the property would have an unacceptable impact in terms of residential amenity and road safety.
"The site's location within a backland area, which contains no other commercial use or generates significant levels of pedestrian or vehicular traffic, would result in significantly-detrimental noise impacts on neighbouring residential properties which look out onto the site.
"Furthermore, the development would lead to an increase in parking within a servicing area for local shops which would result in significantly-detrimental road safety impacts on local road users including both servicing vehicles and pedestrians."
The Press contacted the shisha bar for comment but there was no reply.
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