MARK McLAUGHLIN
Edinburgh Evening News
26 May 2010
AN INDIAN cafe is facing closure after it was found to be the latest in a string of businesses to be operating illegally.
10 to 10 in Delhi has been selling coffee and Indian snacks on the Southside for more than six months, but the council recently discovered that it only has permission to operate as a retail shop.
The enforcement action was only taken last week despite the fact that the Nicolson Street unit had housed various cafes for the last six years.
Council enforcement officers first suspected that it was operating as a takeaway as far back as 2003 when cooking equipment was found, but it was uninstalled and the former occupier said it was only being stored on the premises.
The case was closed but the premises soon began trading as Zoga Delicious Falafel and later Cafe Numedia.
The unauthorised use was finally discovered when 10 to 10 in Delhi opened on the premises.
Current tenant Aslan Akeel applied for retrospective planning permission to continue selling coffee and Indian snacks but councillors rejected his application on the grounds that it would "erode the number of retail units to the detriment of the local retail centre".
Mr Akeel said he intended to continue trading pending the outcome of an appeal against the "unfair" decision.
He said: "When I took the place on around a year ago I had no idea it didn't have permission to operate as a cafe, as we took it on as a sub-let from an existing cafe that was already on the premises.
"I don't have any grievance with the council if that's their policy but it's a bit unfair as we're not your average takeaway.
"We specialise in chai teas with samosas and pakoras, which is unique to the area, so its a shame that we're being lumped in with all of the other takeaways.
"We're very popular with the locals and if the appeal fails we already have a few other premises lined up which already have the necessary permissions in place, so if we have to close in Nicolson Street it will be no big deal."
Southside Community Council had expressed its "very serious concerns" that the unit had been able to operate as a cafe for so long without permission.
Treasurer John Largue said: "It would set a dangerous precedent in the area if his retrospective application was simply rubber-stamped.
"Once again I am bound to point out that the community council has very grave reservations with regard to the creation of any restaurants, cafes or takeaways in the Southside generally.
"There is already a gross over-supply of such premises and it is considered that they have a seriously negative impact on the lives of local people as well as the local environment.
"It is not considered desirable to lose another retail unit to a cafe simply because it is already trading as one."
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