THE owner of a sandwich deli and hot food takeaway in Cross Hills has lost their appeal to have late night opening.

Aamir Mohammed of Craven Gelato appealed against a condition imposed by Craven District Council in April last year restricting the hours of the business at 10 Ashfield Terrace to between 9am and 5pm, and instead wanted to vary it to between 11am and 11pm.

The council conditioned the opening hours in the interests of the living conditions of residents of neighbouring properties.

That has now been upheld by a government planning inspector who in dismissing the appeal said while there is a mixed pattern of development in the vicinity, most of the non-residential premises were of a type that operate during the daytime only.

In their decision notice, the inspector said: "The appellant contends that there have been no recorded incidents or complaints to the police, the council’s environmental health team or the highway authority. "The appellant also argues that there is no evidence to suggest that the proposal has, or would lead to, anti-social behaviour.

"However, the behaviours I have referred to that would result in residents being disturbed by noise would, for the most part, not constitute anti-social behaviour requiring intervention by the police."

The inspector concluded: "Varying the condition to enable extended opening hours would have an unacceptable effect on the living conditions of nearby residents with regard to noise and disturbance."