Fife Council worry that Abbeyview shisha bar still in use

The local authority has laid out its position to a Scottish Government reporter after the applicant appealed against their decision to take action over the unauthorised change of use of the Buzz Shisha Lounge.

Planners confirmed last month that they had started enforcement action due to the unauthorised change of use of a storage building to a shisha bar and the creation of an enclosed patio at a former garage behind flats and shops on Duncan Crescent.

READ MORE: Fife Council asked to pause shisha bar enforcement action

In a statement for the appeal, the council outlined their position.

"Fife Council are satisfied that the shisha bar in terms of its physical characteristics is still a viable entity/use and on the basis of our most recent site visit, there is evidence that it is still in use and the patio area and signage has not been removed," they stated.

The Buzz Shisha lounge in Abbeyview's Duncan Crescent (Image: John Booth)

"As such the requirements of the planning enforcement notice have not been met."

The statement said that while it is unclear if the shisha use is still active, the applicant has made no attempt to satisfy the terms of the notice.

The statement added: "The council visited the site on November 8, 2023 and found the signage for the shisha bar to still be in place, a photograph of the inside of the property showed three hookah pipes on tables.

"The site was revisited on January 25, 2024 and the patio area, signage and internal layout/furnishings remains unchanged. Hookah pipe and beverages were visible within the premises.

"Whilst it is unclear if the shisha use is still active the applicant has made no attempt to satisfy the terms of the notice.

"The existing internal layout including tables, chairs and service area associated with the shisha use remains in situ and evidence of paraphernalia was witnessed at the most recent visit.

"The patio area subject to the enforcement notice has not been removed."

READ MORE: Fife Council to take action against Buzz Shisha Lounge owner

The Buzz Shisha Lounge has never had consent but began trading in the summer of 2022.

The enforcement notice, which would have taken effect from last Friday, said the use of the premises as a shisha bar must cease and the advertising signs from the front of the property, as well as the boundary fencing and the patio, must be removed.

However there is now a pause as Mr Arslan, who stays in Glenrothes, has appealed to the Scottish Government.

Papers on his behalf say he was "unaware that planning permission was required" for the shisha bar and the subsequent application was refused by the west and central planning committee and then the Fife Planning Review Body.

Mr Arslan has now submitted an application for alterations and a change of use from the storage building to a seating area for up to 15 people for an existing nearby shop, the House of Desserts.

It explains that the shop's opening hours are 11am to 11pm, seven days a week, and that doors to the outdoor seating area would be closed at 8pm with only indoor seating allowed after this time.

In a statement, his planning agent John Raeburn said: "Currently many customers that come into the shop buy their products and then go and sit outside on the steps outside to consume them, which is not ideal at times if the weather isn’t good and for other customers visiting the shops.

READ MORE: Shisha bar in Abbeyview's Duncan Crescent faces enforcement action

"This is the reason the applicant is proposing to use the building at the rear to provide a seating area for the customers which has the covered area if the weather isn’t good and keeps the area outside the shops clear and will reduce noise."