THE owners of Finnieston restaurant Sole Club could face enforcement action after they were refused permission to run a takeaway from the premises.
Guests access the ‘speakeasy-style’ restaurant through a fridge door in ‘The Chippie’ — a fish and chip shop which has been serving walk-in customers.
But Six Company — which is also behind the Six by Nico venues — only has planning permission for a restaurant on the Argyle Street site.
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Planners refused a bid to allow takeaway use as they said it would increase noise, activity and cooking fumes and "unacceptably impact" on residents above.
They also said it would lead to too many pub or takeaway uses on the street and the minimum amount of bike parking spaces hadn’t been provided.
Now, an appeal has also been rejected after councillors on the city’s planning review committee upheld the original decision.
The committee was told there is an "active enforcement regarding the operation of the takeaway business", sparked by complaints by two residents and Yorkhill and Kelvingrove Community Council.
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A planning official added the "majority of the hot food takeaway services on that street are not permitted, they haven’t been consented". It is believed enforcement action isn’t being taken against these venues.
An appeal, submitted on behalf of Six Company, stated the takeaway was "both functional and part of the theatrics of the dining experience in the main restaurant".
It argued: "The character of the West End of Argyle Street, and Finnieston generally, is therefore defined by its reputation as a fashionable destination for innovative dining experiences for locals, tourists and the wider city overall."
The proposal is "in-keeping with the area’s reputation for innovative dining experiences", the appeal added.
The firm said council officials had not requested a noise impact assessment, which could have been carried out. It said there was "little to no increase in noise" as the "existing restaurant use is well-established, and has operated without complaints".
Other premises in the area, which has "a range of eating and drinking establishments", are open later than the takeaway, the appeal stated.
"These businesses are currently operating beneath residential properties," it continued, adding an existing flue would deal with cooking fumes.
It argued the hospitality sector remains volatile post-Covid and has been "challenged" by the impact of Brexit and the cost of living crisis. Support for proposals like the takeaway will "help Glasgow to drive recovery", it said.
However, Cllr Ken Andrew, SNP, who chaired the review committee, said: "I don’t see any mitigation here that would allow me to grant this application. I think it is unfortunate that they have gone ahead and started operations as a restaurant with a takeaway service as well."
He added his "main concern" was "a lack of detail around the containment of waste, which is a problem across the West End and with premises such as this".
His motion to turn down the appeal was successful by five votes to four. Bailie Hanif Raja, Labour, had proposed an amendment to grant permission.
Cllr Martha Wardrop, Greens, said approving the application, with conditions attached, could address "the concerns that complaints have been made about".
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