THE owner of the shisha bar in Abbeyview that was ordered to close has submitted another appeal to the Scottish Government.

After twice getting the knockback for a hookah lounge in a garage off Duncan Crescent, Muhammad Arslan came up with a new plan to use the premises and outdoor seating area for customers of his other business, the House of Desserts.

The council didn't think this was a sweet deal and refused permission, and this decision has now been appealed to the government's planning and environmental appeals division.

A statement on his behalf said: "When the applicant purchased the shop, the garage and another building at the rear came as part of the sale.

The plans for a shisha bar in Abbeyview were twice refused. The plans for a shisha bar in Abbeyview were twice refused. (Image: Newsquest)

"The planning use for the garage was a storage area for the shop but for 15 years prior to the purchase it was used as a car repair garage where they also sprayed cars, there were never any issues and often worked long hours.

"When purchased, the building was in need of a lot of repairs and the applicant looked to see what use it could have as he didn’t require both rear buildings for storage.

"This is when he started doing renovations to turn it into a shisha bar unaware that planning permission was required."

Buzz Shisha Lounge was operating without permission by the summer of 2022 and a retrospective application was refused by Fife Council and enforcement action authorised, with the decision upheld by the Fife Planning Review Body.

READ MORE: Shisha bar never got permission but owner allowed to 'trade for three months'

The enforcement notice was appealed to the Scottish Government but this was dismissed and the applicant was ordered not to use the premises as a shisha bar, with all signage and the outdoor seating area removed.

The appeal statement added: "After refusal of these applications, he looked to see what an alternative use could be as he had spent a lot of money on it, and it was not required for the shop.

"This is when he has come up with this idea to use it as a seating area for his existing customers.

"At present the shisha bar sign has been removed from the building and it is no longer being used as a business as requested by Fife Council.

"All the furniture is still present in the building and the outdoor seating area as he wants to utilise it as much as possible for the proposed use."

The plan to use the outdoor seating area for customers of the House of Desserts was refused by the council in May who said it would have a "significantly detrimental impact" on road safety and residential amenity.

READ MORE: Fife Council worry that Abbeyview shisha bar still in use

The appeal statement said: "The proposal is for existing customers to their shop to use and keep them from eating outside the shop on the steps.

"A lot of the customers are children and it will provide them with a dry and safe area to eat their ice creams, desserts, cold filled sandwiches and rolls and non-alcoholic drinks.

"There will also be no increased traffic to the rear as the customers will still enter the shop from the front and then they will walk from the rear door of the shop to the seating area, and they will exit in the same way."

Mr Arslan said the proposed opening hours are seven days a week from 11am to 11pm.

The doors to the outdoor seating area would be closed at 8pm with only indoor seating allowed after this time.