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The good, kebab and the ugly

Friday, 28th January, 2011

By Stefan Delatovic

City Council has again delayed taking legal action against the Late Night Kebab shop, despite the recommendation of managers and health concerns.

At last night's monthly meeting of Council, a recommendation to instigate legal action against the business was considered. The action would have related to "all matters of outstanding non-compliance".

Council management said the shop has failed to comply with the requirements of its development approval, including planning matters, opening hours, construction issues and food safety.

But Deputy Mayor Neville Gasmier moved that Councillors should instead inspect the business this morning to see if it was compliant. His motion was upheld.

The director of the company behind Late Night Kebab, Jamie Tumanik, spoke to the meeting at its outset, saying he had done everything that was asked of him by Council, and asking for more time to meet any outstanding demands as he had been ill. He said Council had been constantly "changing the goal posts" as he attempted to comply.

Last time Council planned to take legal action against the business, it was instead resolved that the General Manager meet with Mr Tumanik to sort everything out. Council management said commitments were given at that meeting, but were not fulfilled.

The issue of the business's opening hours - later than those approved - have been perceived as the root of Council's opposition to the business. Last night, however, Councillor Darriea Turley said the issue needed to be resolved quickly as it was a "public health issue".

Mayor Wincen Cuy said after the meeting that it was undeterminable if anyone's health had been put at risk by Council's lack of action.

He said he couldn't prejudge the outcome of this morning's inspection, and that Council had to act on the resolutions voted for by the majority.

He denied that Council had "changed the goalposts", and that, if anything, a business that was operating despite never having complied with its development application was being treated well.

"I believe Council has been very lenient. Basically we have bent over backwards," he said.

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