An unauthorised Fife shisha bar has been ordered to close.
Muhammad Arslan opened Buzz Shisha Lounge in Dunfermline without planning permission in the summer of 2022.
And despite twice being refused consent, he continued to operate from an old garage behind a row of shops in Abbeyview.
A shisha bar allows customers to share and smoke shisha – a flavoured tobacco – from a communal hookah.
However, 250 neighbours signed a petition complaining about noise, disturbance and anti-social behaviour at the Duncan Crescent property.
A second petition in support of the venture attracted 257 signatures and was handed to Fife Council in August.
However, councillors agreed to take enforcement action against Mr Arslan in December.
Businessman claims bar already closed
The Scottish Government has now upheld the council’s decision following an appeal by Mr Arslan.
He claimed he had already closed the bar and was using the patio area for the consumption of food bought from his nearby shop.
However, Holyrood reporter Malcolm Mahoney ruled that does not appear to be the case.
Mr Mahoney said: “The physical characteristics remain those of the unauthorised shisha bar.
“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 decor within the building had changed significantly.
“There were no signs of the claimed replacement use for the consumption of food and drink.
“It appeared that use of the shisha bar had simply been suspended.
“The fact it does not appear to be currently in active use does not change its status.”
Shisha bars ‘becoming more popular’
Mr Arslan must now stop using the Dunfermline premises as a shisha bar and remove all advertising, as well as the patio.
He had previously argued: “Should the refusal decision not be overturned, it is most likely the building will fall back into a state of disrepair.”
Speaking on his behalf last year, a planning agent called for planning permission to be granted.
“There is demand and it will be well-controlled,” he said.
“Shisha bars are becoming more popular.”
And he insisted there was no evidence to back up residents’ fears it could lead to drug use and encourage children to vape.
He said the bar would be restricted to 15 customers at a time, who would have to book a slot.
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