Case dropped in restaurant smells row
A RESTAURANT owner has won a battle to reopen – after a top judge living next door complained about the noise and smell of Chinese food.
Kwok Chim, 42, owner of The Summer Palace in Llandaff, appeared in court in February this year where he denied two breaches of environmental health law.
The Summer Palace restaurant on Llandaff High Street, Cardiff, has been serving customers for more than 32 years at the site near the cathedral.
The council’s prosecution followed a complaint from a neighbour relating to noise and smell from the restaurant.
It is believed that the complaint was lodged by Appeals Court judge Sir Gary Hickinbottom and his wife Georgina Caroline Hickinbottom, who bought their £520,000 property in 2016.
The hearing was due to take place in April but was delayed due to the coronavirus pandemic.
Now, the council says that during this time the restaurant owners carried out work to the ventilation system and it would not be in the public interest to continue with the prosecution.
Mr Chim, who was due to appear in court yesterday, told BBC Wales: “It’s a massive relief.
“Although the court proceedings started about a year ago this has been ongoing for a couple of years.
“We’ve been closed for the last seven months and only just opened back up for takeaways. Hopefully we can look forward to another 30 years.”
A spokesman for Cardiff council said: “The council pursued a prosecution for breach of abatement notices, following complaints about odour, notably cooking smells and noise coming from the restaurant in Llandaff village.
“As a result of the Covid pandemic, a trial of the issues in the case was scheduled in April, but did not take place.
“In the meantime during this period when the restaurant was closed, the owner has engaged with the council and carried out work to the ventilation system at the premises.
“All parties hope this will resolve the noise and odour problems and prevent the commission of further offences of breaching the abatement notices. In light of this, the council believes it is not in the public interest to continue with the prosecution.”
Lord Justice Sir Gary Hickinbottom became the fourth solicitor to be appointed a High Court judge in 2008. He was appointed to the Privy Council in 2017 following his appointment as Lord Justice of Appeal.
A spokesperson for Sir Gary said: “In 2018, Cardiff council served an abatement notice on the business, requiring it to stop operating the restaurant in such a way as to cause unreasonable levels of noise and smell. The proprietors did not appeal that notice.
“Because the noise and smell continued, the council took further enforcement steps in the form of proceedings in Cardiff Magistrates’ Court for breach of the abatement notice. In taking this further action, the council was simply seeking to enforce environmental standards, which all commercial premises are lawfully required to meet.
“Sir Gary is pleased that the restaurant has recently taken steps to comply with the relevant legal standards, and as a result he understands the council is satisfied that the restaurant will no longer be in breach and consequently it does not consider it necessary to proceed with the prosecution.
“He appreciates this is a difficult and uncertain period for restaurants, and he wishes the owners of the Summer Palace well for the future.”