Council shapes up to local kebab shop
Thursday, 3rd February, 2011
By Stefan Delatovic
City Council will proceed with legal action against the Late Night Kebab shop.
Councillors were all set to take action last week, but delayed it until they inspected the premises on Friday.
Following their visit to the business, Councillors met on Tuesday night to discuss what they had seen, and voted to go ahead in court.
Council will act on what it calls 'matters of outstanding compliance', with management alleging the business had never met development consent conditions.
Most obviously, the business is only allowed to open until 2am, but stays open until 4am. Council management says the business has routinely breached building and health guidelines as well, with owners having to be told to close up sewers, seal walls and prevent insects from entering the premises.
Owner of the business, Jamie Tumanic, has said he has fixed every problem Council has raised.
Mayor Wincen Cuy said yesterday that Council didn't want to have to put anyone out of business, but they needed to create a level playing field.
"What if other shops decided to stop following the rules? What if everyone decided to stop obeying traffic laws? You can't have that," he said.
"Another important part of this is that the owner has the opportunity to appeal every step of the way. He hasn't."
Mayor Cuy said the issue was bigger than a stoush between Council and Mr Tumanic, as he has fielded concerns from police, shop owners and members of the community.