Lewisham (Parliament Politics Magazine) – Lewisham Council faces backlash over £2.5m lawsuit against Meze Mangal, a popular Turkish restaurant in Brockley, amid concerns over disproportionate use of power.
Ahmet and Sahin Gok, the proprietors and brothers, were fined £2.5 million under the Proceeds of Crime Act for installing a kitchen extractor fan without authorization. The incident also resulted in the seizure of their passports.
In response, Steve Reed, the Secretary of State for Housing, Communities, and Local Government, stated that he would meet with the pertinent ministers to find a solution.
A tiny structure at the back of the restaurant that was necessary for ventilation was not granted planning clearance by the owners.
According to Lewisham Council’s research, the brothers stated that they will remove the extraction system in 2019.
The brothers said that after being informed that the matter had been dropped the following year, it was again reactivated. They were found guilty without being present at a court hearing three years later.
The council eventually pursued a proceeds of crime prosecution, which is a legislation often used to target significant organized crime, including money launderers and drug dealers.
On October 10, New Cross Gate councillor Liam Shrivastava sent a letter to the council explaining how the act could be used “against local businesses and its potential disproportionate impacts on migrant communities.”
In the letter, Shrivastava said:
“By any metric, the use of the Proceeds of Crime Act (POCA) and the Council’s apparent refusal to resolve planning breaches before they reach criminal proceedings is not only regrettable, but appears to be wholly disproportionate and unreasonable.”
Shrivastava also explained that “there is a need to support small, migrant-run businesses in ensuring they adhere to regulations and we don’t end up bankrupting them.”
“Unfortunately, given Councils can receive up to 37.5% of recovered funds under POCA, residents will need assurances that this is not part of a revenue generation strategy”,
he added.
A Lewisham Council spokesman told the Standard that the court ordered the confiscation of the brothers’ passports “because the defendants did not turn up at hearing” and it had “no involvement” in that aspect of the case.
Lewisham said the £2.5m fine was “guided by the rules set out in the Proceeds of Crime Act” and not by the council.
The spokesman added:
“We always try to resolve cases informally, and prosecution is an absolute last resort.
This has been a long running case since neighbours complained about the smoke, noise and smells from the restaurant before 2018.
In 2019 the restaurant owners said they would remove the extraction system once their planning appeal had been dismissed.
However, the restaurant continues to operate with the illegal extractor eight years after this case was opened.
Had the extraction system been removed at any point during that time then no further action would have been necessary.
We are open to working with the restaurant to resolve the planning breach. Last month, we carried out a site inspection with the owners and offered advice on steps required to put a new system in place.
The Proceeds of Crime Act has arisen because they have been found guilty by the court of a criminal offence.
Our priority now is to ensure this matter is resolved as quickly as possible and we remain committed to working with the restaurant owners.”
What are the legal grounds used by Lewisham Council against the restaurant?
Lewisham Council’s legal case against the Meze Mangal restaurant involves concerns of a breach of planning control for the installation of a kitchen extractor fan and associated structure without planning permission, and without permission due to the position within a conservation area.
The restaurant owners chose to install the extraction system following a number of complaints made by neighbours regarding smells, but importantly, when requested to obtain retrospective planning permission, this was refused by the council.
After several years of non-compliance with the installation of the extraction system and with it remaining in place since 2014, Lewisham Council escalated the case beyond their normal place of planning enforcement and instead prosecuted the owners using the Proceeds of Crime Act (POCA).
