Buzz Shisha Lounge appeal to Scottish Government dismissed

Fife Council twice refused planning permission for the business, behind a row of shops and flats at 22 Duncan Crescent, and began enforcement action.

The Buzz Shisha Lounge owner, Muhammad Arslan, had appealed to the government and asked for a halt in the proceedings, stating that the bar had already closed and was being used as a seating area for customers of his adjacent business, House of Desserts.

However, reporter Malcolm Mahony was not convinced and said that, based on photographs taken by the council in November 2023 and January 2024, and on his own site visit, "the physical characteristics of the property remain those of the unauthorised shisha bar".

The appeal was dismissed and his ruling stated: "Whilst there were no hookah pipes and beverages at the time of my site inspection, neither the sign above the entrance door reading 'Buzz Shisha Lounge', nor the tables, chairs, serving area, toilet and décor within the building had changed significantly.

"Likewise, there was no significant change to the patio area with its timber-fenced boundary, canvas shelters, tables and seating.

The Buzz Shisha Lounge in Abbeyview was operating without planning permission. The owner has been ordered to shut it down. (Image: John Booth)

"There were no signs of the claimed replacement use for consumption of food and drink from the appellant’s shop.

"It appeared that use of the shisha bar had simply been suspended; the fact that it does not appear to be currently in active use does not change its status."

Mr Arslan submitted a retrospective planning application for a change of use from the garage to a shisha bar in April 2022, stating that the work had already been done as he was "unaware" he needed planning approval.

The Buzz Shisha Lounge was trading by the summer of 2022, without consent, and the west and central planning committee refused permission in January 2023.

The Fife planning review body then upheld the decision last August, with refusal due to the "unacceptable" impacts it would have on residential amenity and road safety.

This was welcomed by local residents, with more than 250 people signing a petition against the shisha bar, but late last year Dunfermline South councillor Lynn Ballantyne Wardlaw said she'd been told it was still in business.

Instead of a shisha bar, it was proposed that the old garage becomes a seating area for customers of the House of Desserts. (Image: Google Maps)

The council launched enforcement action in December, stating that the unauthorised change of use to a shisha bar, along with the creation of an enclosed patio area, was done without planning permission and was a breach of planning control.

Instead of using the garage as a shisha bar, Mr Arslan's new plan sought consent for a seated area for up to 15 people, for customers of House of Desserts to sit down and enjoy their sweet treats.

The supporting statement with his application suggested this was already happening, despite the fact this alternative use didn't have planning permission either.

He wanted the council to halt their enforcement action while the new plans were considered.

Mr Mahony said that was "outwith his remit" and he had "no basis for estimating how long an application (and any subsequent appeal) might take to process".

Mr Arslan, of Glenrothes, has now been ordered to stop using the premises as a shisha bar, remove the advertising at the front of the property and remove the boundary fencing and patio.